IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS SECOND APPEAL NO.15 OF 2017 (RO) BETWEEN:
MUDALINGAPPA SINCE DEAD BY LRs.
1. SMT KAMALAMMA W/O LATE MUDALINGAPPA AGED ABOUT 74 YEARS R/AT KYATHANABEEDU VILLAGE LAKYA HOBLI CHIKKAMAGALURU TALUK AND DISTRICT – 577 101 2. K.M.KALLESHAPPA S/O LATE MUDDULINGAPPA AGED ABOUT 59 YEARS R/AT KYATHANABEEDU VILLAGE LAKYA HOBLI CHIKKAMAGALURU TALUK AND DISTRICT – 577 101 3. K.M.KUMAR S/O LATE MUDDULINGAPPA AGED ABOUT 48 YEARS R/AT KYATHANABEEDU VILLAGE LAKYA HOBLI CHIKKAMAGALURU TALUK AND DISTRICT – 577 101 4. SMT. PARVATHAMMA W/O K.P.BASAVARAJAPPA AGED ABOUT 40 YEARS R/AT KYATHANABEEDU VILLAGE LAKYA HOBLI CHIKKAMAGALURU TALUK AND DISTRICT – 577 101 5. SMT. RENUKAMMA W/O LATE MUDDULINGAPPA AGED ABOUT 50 YEARS R/O S.BIDARE POST KADUR TALUK CHIKKAMAGALURU DISTRICT – 577 101 6. SMT. RATHNAMMA W/O SHIVAMURTHY AGED ABOUT 35 YEARS R/O BANOOR VILLAGE AND POST SAKHARAYAPATTANA HOBLI KADUR TALUK, CHIKKAMAGALURU DISTRICT – 577 101 … APPELLANTS (BY SMT.THANYA PRANEETH, FOR SRI VIGHNESHWAR S.SHASTRI, ADVOCATES) AND:
SRI K.B.BASAVARAJ S/O LATE BASAPPA AGED 60 YEARS AGRICULTURIST R/AT KYATHANABEEDU VILLAGE LAKYA HOBLI CHIKKAMAGALURU TALUK AND DISTRICT – 577 101 ... RESPONDENT (BY SRI VARDHAMAN V.GUNJAL, ADVOCATE) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.12.2016 PASSED IN R.A.NO.43/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALURU REVERSING THE JUDGMENT AND DECREE DATED 29.02.2012 PASSED IN O.S.NO.211/2001 ON THE FILE OF THE SENIOR CIVIL JUDGE AND CJM AT CHIKKAMAGALURU AND REMANDING THE MATTER FOR FRESH DISPOSAL.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This appeal arises out of the remand order passed by the First Appellate Court. Both counsel submit that the Trial Court has disposed of the remanded matter on 15.12.2018. Therefore, this appeal has become infructuous and disposed of accordingly.
Sd/- JUDGE KG