IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE The Hon’ble Mr.Justice B.M.Shyam Prasad Regular Second Appeal No. 1809 OF 2017 (PAR) Between:
1. SMT SUNANDAMMA WIFE OF LATE. CHENNAKESHAVAIAH, AGED ABOUT 65 YEARS.
2. B. POORNIMA DAUGHTER OF LATE. CHENNAKESHAVAIAH, AGED ABOUT 36 YEARS.
3. B. B. MAHESH SON OF LATE. CHENNAKESHAVAIAH, AGED ABOUT 34 YEARS ALL ARE R/AT: BELUR VILALGE, KOTTHATHI HOBLI, MANDYA TALUK.
... APPELLANTS (BY SRI. B. S. MAHENDRA., ADVOCATE ) And:
1. SMT. JAYASHELLA WIFE OF RUDRAIAH, AGED ABOUT 45 YEARS R/AT SUNAGANAHALLI, KOTHATHI HOBLI, MANDYA TALUK.
2. SMT. NEELAMMA WIFE OF MAHADEVA, AGED ABOUT 41 YEARS R/AT S.D. JAYARAM EXTENSION, UMMADAHALLI VILLAGE, KASABA HOBLI,, MANDYA TLAUK.
3. SMT. NIRMALA WIFE OF DODDONU, R/AT BELUR VILLAGE, KOTTHATHI HOBLI, MANDYA TALUK.
4. EXCISE OFFICER SRIRANGAPATNA, MANDYA DISTRICT 5. SRI. RAMESH SON OF LATE. SRI. CHANNAKESHAVAIAH, MAJOR.
R/AT BELUR VILLAGE, KOTTHATHI HOBLI, MANDYA TALUK.
6. SMT. SUDHAMANI DAUGHTER OF LATE. SRI. CHANNAKESHAVAIAH, WIFE OF SRI. S K RAMANANDA SWAMY (POLICE), NO. 11, IRRIGATION DEPARTMENT, QUARTERS, SARAGUR, H.D. KOTE TLAUK.
... RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC., ALLOW THIS APPEAL AND SET ASIDE THE JUDGEMENT PASSED IN R.A. NO. 33/2015 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA AND ALLOW THE APPEAL.
THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The learned counsel for the appellants has filed a memo dated 12.10.2017 to convert this Regular Second Appeal into a Miscellaneous Second Appeal under Order XLIII Rule 1(u) of Code of Civil Procedure. However, presently, a memo is filed seeking dismissal of the appeal on the ground that the appeal has become infructuous.
The memo for dismissal is taken on record.
The Regular Second Appeal is dismissed as having become infructuous.
Sd/- Judge SA Ct:sr