IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN REGULAR SECOND APPEAL No.2314 of 2012 (RES) BETWEEN:
N. JANARDHAN, S/O NARAYANAIAH, AGED ABOUT 63 YEARS, OWNER OF PROVISION STORES, TUNGA RICE MILL COMPOUND, B.H.ROAD, SHIMOGA – 577 201, SINCE DEAD BY LRs:
1(a) N. SRIDHAR, AGED ABOUT 59 YEARS, 1(b) J. VIJAY KUMAR, AGED ABOUT 52 YEARS, 1(c) J. MURALIDHAR, AGED ABOUT 50 YEARS, ALL ARE SONS OF LATE N. JANARDHAN, ALL ARE RESIDENT OF TULASI NILAYA, K.R.PURAM EXTENSION, SHIMOGA – 577 201.
... APPELLANTS (BY SRI NAVEEN KUMAR M., ADVOCATE FOR SRI R.GOPAL, ADVOCATE) AND:
M/S. TUNGA RICE AND OIL INDUSTRIES, B.H.ROAD, SHIMOGA, A LIMITED COMPANY REP. BY ITS DIRECTOR R.S.SHYAM PRASAD, S/O R.K.SHANKARANARAYAN, AGED ABOUT 64 YEARS, R/O TUNGA RICE AND OIL INDUSTRIES, B.H.ROAD, SHIMOGA – 577 201. SHIMOGA DISTRICT.
(RESPONDENT IS SERVED) ... RESPONDENT THIS RSA IS FILED UNDER SECTION 100 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 03.09.2012 PASSED IN R.A.No.37/2012 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIMOGGA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 02.09.2011 PASSED IN O.S.NO.20/2009 ON THE FILE OF IV ADDITIONAL CIVIL JUDGE AND JMFC., SHIMOGGA.
THIS RSA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellants has filed a memo dated 15.10.2019 along with the letter sent by the legal heirs of the deceased appellant stating that the suit schedule property is already handed over to the respondent and hence, prays to dismiss the appeal as having become infructuous.
2. Memo is placed on record.
Accordingly, the appeal is dismissed as having become infructuous.
SD/- JUDGE PB