Smt. Chandravathi vs Sri. Jayaraj Shetty
2024 Latest Caselaw 25710 Kant

Karnataka High Court

Smt. Chandravathi vs Sri. Jayaraj Shetty on 29 October, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                 -1-
                                                                NC: 2024:KHC:43552
                                                            RSA No. 1464 of 2018




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 29TH DAY OF OCTOBER, 2024

                                              BEFORE
                            THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                         REGULAR SECOND APPEAL NO. 1464 OF 2018 (RES)
                   BETWEEN:

                   SMT. CHANDRAVATHI
                   D/O LATE SHIVAYYA NAIKA,
                   AGED ABOUT 42 YEARS,
                   MALEBETTU HOUSE,
                   KOYYUR VILLAGE & POST,
                   BELTHANGADY TALUK,
                   D.K.DISTRICT-574 243.
                                                                       ...APPELLANT
                   (BY SRI. PRASANNA.V.R., ADVOCATE)

                   AND:

                   1.     SRI. JAYARAJ SHETTY
                          S/O LATE GUMMANNA KADAMBA,
                          AGED ABOUT 69 YEARS,

Digitally signed by 2.    SMT. KASTURI
THEJASKUMAR N             W/O JAYARAJ SHETTY,
Location: High            AGED ABOUT 64 YEARS,
Court of
Karnataka
                          BOTH ARE R/AT:
                          MALEBETTU HOUSE,
                          KOYYUR VILLAGE AND POST,
                          BELTHANGADY TALUK,
                          D.K.DISTRICT-574 243.
                                                                     ...RESPONDENTS

                           THIS   REGULAR   SECOND     APPEAL   IS    FILED   UNDER
                   SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908,
                   SEEKING CERTAIN RELIEFS.
                                -2-
                                                NC: 2024:KHC:43552
                                          RSA No. 1464 of 2018




      THIS    REGULAR     SECOND     APPEAL      IS   LISTED   FOR
ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED                    AS
UNDER:
                       ORAL JUDGMENT

Sri.Prasanna.V.R., counsel for the appellant has appeared

in person.

For the sake of convenience, the parties are referred to

as per their rankings before the Trial Court.

2. The suit giving rise to this appeal was filed by the

plaintiffs seeking the relief of possession and mesne profits in

O.S.No.58/2016 on the file of Addl. Civil Judge and J.M.F.C,

Belthangdy. On the trial of the action, the Trial Court vide

Judgment dated 21.11.2017 decreed the suit and directed the

defendant to hand over the vacant possession of the suit

property. The defendant assailed the Judgment of the Trial

Court before the First Appellate Court. The First Appellate Court

vide Judgment dated 05.04.2018 dismissed the appeal and

confirmed the Judgment of the Trial Court. Hence, the

defendant has filed the captioned appeal under Section 100 of

CPC on 09.07.2018.

3. Counsel Sri.Prasanna.V.R., fairly submits that the

Trial Court decree has been executed by filing an Execution

NC: 2024:KHC:43552

Petition and the plaintiffs have taken over the possession of the

suit schedule property. Counsel therefore, submits that a

suitable order may be passed.

The oral submission made by counsel for the appellant is

placed on record. It is pivotal to note that the suit is one for

possession and the possession of the suit schedule property has

been taken over by the plaintiffs by executing the Trial Court

decree. In view of the fact that the possession has already been

taken over by the plaintiffs, nothing remains for consideration

and there is no necessity to frame the substantial questions of

law at this stage.

4. Resultantly, the Regular Second Appeal is

dismissed at the stage of admission.

Sd/-

(JYOTI MULIMANI) JUDGE TKN