IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Miscellaneous Second Appeal No. 66of 2018 (RO) Between:
MUBARAKULLA KHAN SON OF LATE PEERKHAN @ BABASAB, AGED ABOUT 65 YEARS, RESIDING AT NO.30, 1ST CROSS, GANGAPPA BLOCK, GANGANAGAR, BENGALURU – 560 032 ALSO RESIDES AT:
BIDANAGERE VILLAGE KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN:572 130 ... APPELLANT (BY SRI P.M.SIDDAMALLAPPA, ADVOCATE) And:
1. MOHAMMED ASIM RAZVI SON OF LATE MASTAN SAB, AGED ABOUT 48 YEARS, RESIDING AT BIDANAGERE VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT PIN: 572 130 2. MOHAMMED RAFFIK SON OF LATE MASTAN SAB, AGED ABOUT 48 YEARS, RESIDING AT BIDANAGERE VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT PIN: 572 130 ... RESPONDENTS (BY SRI M.R.SHASHIDHAR, ADVOCATE FOR R1; NOTICE TO R2-SERVED AND UNREPRESENTED ) THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SEC.100 of CPC., AGAINST THE JUDGMENT AND DECREE DATED 23.02.2018 PASSED IN R.A.NO.33/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., KUNIGAL, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 28.05.2009 PASSED IN O.S.NO.7/2004 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR. DN.) AND JMFC., KUNIGAL AND FURTHER REMANDING BACK THE MATTER TO THE TRIAL COURT WITH A DIRECTION TO GIVE REASONABLE OPPORTUNITY TO BOTH THE PARTIES TO LEAD THE FURTHER/ADDITIONAL EVIDENCE.
THIS MISCELLANEOUS SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment Memo is filed on behalf of the appellant submitting that pursuant to the impugned order of remand, the trial Court has disposed off the suit and in fact, the appellant has filed regular appeal thereafter. This submission is un- opposed by the learned counsel for the respondents.
2. Memo is accepted, and the appeal is dismissed as having become infructuous.
3. In view of the disposal of the appeal, I.A.Nos.1/2018 and 2/2018 does not survive for consideration, and the same is accordingly disposed off.
Sd/- Judge KPS