IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Miscellaneous Second Appeal No. 33 OF 2013 Between:
C. N. RAJAPPA SON OF A.NAGAIAH AGED ABOUT 71 YEARS, R/AT HEBBANI VILLAGE, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR – 563 101. … APPELLANT (BY G. PAPI REDDY., ADVOCATE) And 1. C. R. NAGAMOHAN SON OF C.N.RAJAPPA, AGED ABOUT 48 YEARS, R/AT HEBBANI VILAGE, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR – 563 101.
2. C. R. SUBBAIAH SON OF C.N.RAJAPPA, AGED ABOUT 44 YEARS, R/AT HEBBANI VILLAGE, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR – 563 101. ... RESPONDENTS (BY SRI. B.N. MURALIDHAR., ADVOCATE FOR R-2; NOTICE SERVED ON R-1 ) THIS MISCELLENEOUS SECOND APPEAL IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.01.2013 PASSED IN R.A. NO. 76/2009 ON THE FILE OF THE PRL. DISTRICT JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.06.2009 PASSED IN OS. NO. 214/2005 ON THE FILE OF THE III ADDL. CIVIL JUDGE (SR.DN) KOLAR, REMANDING BACK THE MATEER TO THE TRIAL COURT TO DISPOSE OF THE SUIT IN ACCORDANCE WITH LAW.
THIS MISCELLENEOUS SECOND APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the respondent No.2 has filed a memo enclosing a copy of the judgement dated 15.9.2014, and it is submitted in support of the memo that with the judgment dated 15.9.2014, the appeal has become infructuous. This submission is not controverted by the learned counsel for the appellant.
The memo is taken on record. The appeal is dismissed as having rendered infructuous.
SD/-
JUDGE nv Ct:sr