Writ petition under Article 226 seeking to set aside an interim order in a civil suit was dismissed as infructuous because the underlying suit had already been disposed of.
Petition dismissed as infructuous due to disposal of the underlying suit.
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.
W.P.No.21492/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
WRIT PETITION No.21492/2018 (GM-CPC)
BETWEEN :
…PETITIONERS
(BY SRI VARADARAJAN M S, ADVOCATE)
AND :
W.P.No.21492/2018
2
GANDHINAGAR, BENGALURU–560 009 ...RESPONDENTS
(BY SRI H.R.ANANTHA KRISHNAMURTHY, ADVOCATE FOR R1; SMT.SANGEETA S, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.09.2017 PASSED BY XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE ON THE APPLICATION FILED UNDER ORDER 38 RULE 5 OF THE CPC IN O.S.26040/2017.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition arises out of interim order dated 23.09.2017 passed in O.S.No.26040/2017. Registry has placed the case status report which shows that the suit in O.S.No.26040/2017 is disposed of on 07.11.2018. Therefore this petition has become infructuous and disposed of accordingly.
Sd/JUDGE
KSR
1 issue framed by the court
Whether the petition under Article 226 is infructuous as the underlying civil suit has been disposed of.
3 provisions across 2 enactments
B.H. BHASHA
TUMKUR SIDDAPPA
B.V. DAYANAND
R.S. PRODUCTION
R. SREENIVAS
K.S. MUDGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
