In a writ petition filed under Articles 226 and 227, the petitioner sought to quash an order in an underlying civil suit. The court observed that as evidence recording was closed and the suit was set for arguments, the writ petition had become infructuous and was disposed of accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF MARCH 2019
BEFORE
THE HON’BLE MR. JUSTICE G.NARENDAR
WRIT PETITION NO.102204/2015 (GM-CPC)
BETWEEN:
SRI.KUMAR S/O. LINGARAJ BALEHOSUR AGE: 52 YEARS, OCC. AGRI & BUSINESS, R/O. NEAR HOSAISHWAR TEMPLE ROAD, HAVERI.
... PETITIONER
(BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)
AND:
... RESPONDENTS
(BY SRI. N P VIVEKMEHTA, ADVOCATE FOR C/R1; R2 TO R5 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.02.2015 PASSED BY ADDL.SENIOR CIVIL JUDGE HAVERI, ON I.A.NO.39 IN O.S.NO.63/2006 C/W. O.S.68/2010, MARKED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE I.A.NO.39 MARKED AT ANNEXURE-L.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and learned counsel for the respondent No.1/caveator.
Petition is disposed of accordingly.
gab
Sd/JUDGE
1 issue framed by the court
Whether the writ petition is maintainable when the record of evidence is closed in the underlying civil suit.
Sri. Kumar
Sri. Basavaraj
Sri. Mallikarjun
Sri. Siddeshwara
Sri. Vishwanath
Sri. Chanappa
G.Narendar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
