The High Court dismissed the writ petition filed to quash an order. The petition became infructuous because the underlying civil suit had been disposed of. The right to assail the impugned order is preserved for the appellate court.
The writ petition is dismissed as having become infructuous.
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 18T H DAY OF SEPTEMBER, 2019
BEFORE
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION No.107734/2016 (GM-CPC)
BETWEEN:
SHRI.G. RAMESH S/O LATE G. SHIVANA GOUDA, AGE: 43 YEARS, OCC: SERVICE, R/O KOLUR-583102, TALUKA & DIST: BALLARI, NOW AT IIND CROSS, KAPPAKAL ROAD, BALLARI-583102.
... PETITIONER
(BY SRI.ABHISHEK PATIL, ADVOCATE FOR SRI.M.G.NAGANURI, ADVOCATE)
AND:
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SHIRAGUPPA ROAD, BALLARI-583102.
... RESPONDENTS
(BY SRI.K.RAGHAVENDRA RAO, ADVOCATE FOR R1, R2 & R3 NOTICE DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO QUASH THE ORDER DATED:28.07.2016 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE BALLARI ON IA V IN O.S.NO.237/2012 PRODUCED AT ANNEXURE-'E'.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE FOLLOWING:
ORDER
Office has put-up a note stating that OS
No.237/2012 on the file of the Prl. Senior Civil Judge and CJM, Ballari came to be disposed of on 06.08.2019.
In the light of the same, the relief as sought for by
the petitioner in the present petition does not survive for consideration. Accordingly, the petition is dismissed as having become infructuous.
It is made clear that the petitioner’s right to assail the validity of the impugned order is preserved to be
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raised before the appellate Court, if an appeal is filed as contemplated under Section 105 of CPC, if need so arises. Sd/JUDGE
JTR
1 issue framed by the court
Whether to dismiss the writ petition for quashing the impugned order as the underlying suit has been disposed of, rendering the petition infructuous.
2 provisions across 2 enactments
G. RAMESH
DR. JAYASHREE
G.SUCHITRA
HEMALATA
S. SUNIL DUTT YADAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
