Sri Kittanna Poojary vs Sri Shankara A Poojary on 25 October, 2023

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Karnataka High Court

Sri Kittanna Poojary vs Sri Shankara A Poojary on 25 October, 2023

Bench: H.T. Narendra Prasad

                                             -1-
                                                          NC: 2023:KHC:37862
                                                        MFA No. 4332 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 25TH DAY OF OCTOBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 4332 OF 2021 (CPC)
                   BETWEEN:

                   1.    SRI KITTANNA POOJARY
                         AGED ABOUT 73 YEARS
                         S/O LATE SMT MECHU POOJARTH
                         AND LATE ACHANNA POOJARY
                         R/AT KEMMANNU DARKAS
                         KEMMANNU, NITTE VILLAGE
                         KARAKALA TALUK AND PRESENTLY
                         RESIDING AT ROOM NO.4
                         SUMATHI SAHA NIVAS APARTMENT
                         SANGLI, MAHARASHTRA STATE.

                   2.    SMT GIRIJA
                         AGED ABOUT 68 YEARS
                         D/O LATE SMT MECHU POOJARTHI AND
                         D/O LATE ACHANNA POOJARY
                         R/AT KEMMANNU DARKAS
Digitally signed         KEMMANNU NITTE VILLAGE
by
DHANALAKSHMI             KAKALA TALUK
MURTHY                   UDUPI DISTRICT AND
Location: High           PRESENTLY RESIDING AT BERMARAPADI
Court of
Karnataka                BOLE VILLAGE KARKALA TALUK.
                                                               ...APPELLANTS
                   (BY SRI. CHANDRANATH ARIGA K., ADVOCATE)

                   AND:

                   SRI SHANKARA A POOJARY
                   AGED ABOUT 61 YEARS
                   S/O LATE SMT MECHU POOJARTHI AND
                   LATE ACHANNA POOJARY
                            -2-
                                        NC: 2023:KHC:37862
                                      MFA No. 4332 of 2021




R/AT KEMMANNU DARKAS
KEMMANNU NITTE VILLAGE
KARKALA TALUK
UDUPI DISTRICT
                                            ...RESPONDENT
(BY SMT. LAKSHMI DEVI., ADVOCATE FOR
SRI. PRASANNA V R., ADVOCATE)



     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DT.14.09.2020 PASSED ON IA NO.2 IN
O.S.NO.42/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ACJM, KARKALA, PARTLY ALLOWING THE IA NO.2 FILED
U/O.39 RULE 1 AND 2 SEC.151 OF CPC.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

The learned counsel for the appellants submits that the suit i.e., O.S.No.42/2020 on the file of Senior Civil Judge and ACJM, Karkala, itself has been disposed of. Hence, the appeal does not survive for consideration and the same may be dismissed as having become infructuous.

Submission of the learned counsel is placed on record.

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NC: 2023:KHC:37862 MFA No. 4332 of 2021 Accordingly, the appeal is dismissed as having become infructuous.

In view of the dismissal of appeal, all pending I.As. are dismissed.

Sd/-

JUDGE DM List No.: 1 Sl No.: 49

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