Smt Rathnamma vs Mahaboob Sabi
2024 Latest Caselaw 28131 Kant

Karnataka High Court

Smt Rathnamma vs Mahaboob Sabi on 25 November, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                -1-
                                                               NC: 2024:KHC:47982
                                                             RSA No. 944 of 2014




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 25TH DAY OF NOVEMBER, 2024
                                               BEFORE
                            THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      REGULAR SECOND APPEAL NO. 944 OF 2014 (INJ)
                   BETWEEN:
                       SMT. RATHNAMMA,
                       W/O RAMACHANDRAPPA,
                       AGED ABOUT 42 YEARS,
                       BANNIKUPPE VILLAGE,
                       CHIKKABALLAPUR TALUK- 562 101.
                                                                      ...APPELLANT
                   [BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE (PH)]
                   AND:
                       MAHABOOB SABI,
                       S/O FAKRUDDIN SABI,
                       MAJOR,
                       R/AT DODDABAJANEMANE ROAD,
                       NEAR MANJUNATHA HOSPITAL,
                       CHICKBALLAPUR TOWN - 562 101.
                                                                     ...RESPONDENT


                          THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
Digitally signed   JUDGMENT     AND   DECREE    DATED   28.03.2014    PASSED    IN
by ANUSHA V        R.A.NO.70/2007 ON THE FILE OF ADDL. DISTRICT AND SESSIONS
Location: High
Court Of           JUDGE,    CHICKBALLAPUR,    DISMISSING   THE      APPEAL    AND
Karnataka          CONFIRMING THE JUDGMENT AND DECREE DATED 21.12.2006
                   PASSED IN O.S.NO.227/2004 ON THE FILE PRINCIPAL CIVIL JUDGE
                   (JR.DN) AND JMFC, CHICKBALLAPUR.


                          THIS APPEAL, COMING ON FOR ORDRS, THIS DAY, JUDGMENT
                   WAS DELIVERED THEREIN AS UNDER:


                   CORAM:     HON'BLE MR JUSTICE RAVI V HOSMANI
                                    -2-
                                                    NC: 2024:KHC:47982
                                                  RSA No. 944 of 2014




                           ORAL JUDGMENT

Learned counsel for appellant has filed a memo dated

15.11.2024, which reads as follows:

"It is humbly submitted that the suit was filed by the appellant/plaintiff against the respondent/defendant seeking for bare injunction against him. The defendant has now sold his property and has vacated the place. Therefore, the above appeal become infructuous. It is therefore be pleased to dismiss the above appeal as infructuous, in the interest of justice and equity."

In view of memo, appeal is dismissed as having become

infructuous.

Sd/-

(RAVI V HOSMANI) JUDGE

GRD