Dismissed

Anita W/O Kandi Hemaraddi v. Sajjanna Ganigera

Karnataka HC13 Feb 2019WP/103212/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of writ petitions seeking to quash the order allowing resumption of trial. The Court held the matter to be of academic interest and disposed of the petitions without addressing merits on the specific quashing prayer.

What did the court decide?

Petitions disposed off without adverting to contention on merits; liberty reserved to approach appropriate forum.

Anita W/O Kandi Hemaraddi Vs Sajjanna… — Civil Procedure and Limitation | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE G. NARENDAR

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WRIT PETITION NOs.103212-13/2015 (GM-CPC)

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BETWEEN:

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SMT.ANITA

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W/O. LATE KANDI HEMARADDI AGE:37 YEARS, R/O. UPSTARIS, BHAVANI PAPER MART KALAMMA STREET, BALLARI

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BHANU PRAKASH RADDI S/O.LATE KANDI HEMAREDDY AGE:16 YEARS, R/O UPSTAIRS, BHAVANI PAPER MART KALAMMA STREET, BALLARI. REPRESENTED BY HIS NATURAL GURARDIAN AND MOTHER SMT.ANITA W/O.LATE KHANDI (PETITIONER NO.1).

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BHAVANI D/O.LATE KANDI HEMAREDDY AGE:14 YEARS, R/O UPSTAIRS, BHAVANI PAPER MART

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KALAMMA STREET, BALLARI. REPRESENTED BY HER NATURAL GURARDIAN AND MOTHER SMT.ANITA W/O.LATE KHANDI (PETITIONER NO.1).

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... PETITIONERS

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(BY SRI. GIRISH YADAWAD FOR SRI. V. P. KULKARNI & SRI. DEEPAK MAGNUR, ADVOCATES)

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AND:

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SMT. SAJJANNA GANIGERA GIRIJAMMA D/O LATE YARE HANCHINAL NAGAPPA AGE: ABOUT 52 YEARS, OCC. HOUSEWIFE R/O. ALLAMMA BEEDI, W.NO.11 BRUCEPET, BALLARI

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... RESPONDENT

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(BY SRI. V. SHIVARAJ HIREMATH, ADVOCATE) ---

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THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE CIVIL JUDGE AND JMFC, BALLARI ON I.A.NOS.4 AND 5 IN O.S.NO.695/2013 DATED 03.01.2015 VIDE ANNEXURE-F.

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THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioners.

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The matter is listed for consideration of I.A.1/2018 praying for the extension of the interim order granted on 13.07.2015, extended till the next date on 11.08.2015 and which further came to be extended by order dated 20.09.2017.

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It is submitted by the learned counsel for the petitioners that, pursuant to the judgment of the Hon’ble Apex Court, in the case of Asian Resurfacing of Road Agency Pvt. Ltd., and another Vs. Central Bureau of Investigation, Crl.A.No.1375-76/2013

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dated 25.04.2018, whereby the Hon’ble Apex Court by its judgment held that all interim orders by the High Court, whereby the trial of the cases pending before the trial Court has been stayed, the interim order would stand extinguished after 6 months, if the same is not extended further by a speaking order. It is submitted

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that a circular came to be issued by the High Court in conformity with the directions of the Hon’ble Apex Court in the case stated supra. Accordingly, the trial Court has thereafter recommenced the trial as the order of stay was not extended by this Court thereafter and process of marking the signature, as permitted by the trial court under the impugned order has also been completed.

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In that view of the matter, this Court is of the opinion that the issue is rendered of academic interest and the writ petition is disposed off without adverting to the contention on merits and by reserving liberty to the petitioners to agitate the same before the appropriate or appellate forum.

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Sd/JUDGE

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gab

Anita W/O Kandi Hemaraddi v. Sajjanna Ganigera

Case brief

What is this about?

What did the court decide?

Anita W/O Kandi Hemaraddi v. Sajjanna Ganigera

Case brief

What is this about?

What did the court decide?

What the court decided

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