Petitioner filed writ petition seeking quashing of an appellate order arising from interim order in a civil suit. Court disposed of petition as main suit had already been disposed of in 2019, rendering petition 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.
W.P.No.33789/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF OCTOBER 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
WRIT PETITION No.33789 OF 2018 (GM-CPC)
BETWEEN :
K.THUKARAM HEGDE S/O LATE ANTHAYYA AGED ABOUT 83 YEARS RESIDING AT “LALITH” NIDAMBALLI POST, KALYANPURA MOODTHONSE VILLAGE UDUPI TALUK AND DISTRICT PIN CODE-576 201.
… PETITIONER
(BY SRI.SANATH KUMAR SHETTY, ADVOCATE)
AND :
NO.1 IS THE WIFE AND NO.2 TO 6 ARE CHILDERN OF LATE. RAMESH KUMAR HEGDE,
W.P.No.33789/2018
2
ALL ARE R/AT HEGDE NIVAS, MOODUTHONSE VILLAGE, NIDAMBALLI, POST: KALYANAPURA TALUK
ALL ARE R/AT NIDAMBALLI, MOODUTHONSE VILLAGE, POST: KALYANPURA, UDUPI TALUK-576 201
… RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLEs 226 and 227 OF THE CONSTITUTION OF INDIA PRAYING TO INTERFERE WITH THE ORDER DATED 27.02.2018 PASSED IN MA NO.13/2009 WHICH APPEAL HAS ARISEN FROM THE ORDER ON IA NO.II IN OS NO.29/2007 ON THE FILE OF PRINCIPAL CIVIL JUDGE JUNIOR DIVISION DATED: 25.04.2009 VIDE ANNEXUREF AND SET ASIDE THE SAID ORDER AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed for quashing of the order passed in MA No.13/2009 by the first appellate Court which
in-turn arises out of interim order passed in OS No.29/2007 before the trial Court.
W.P.No.33789/2018
3
The case status report submitted by the Registry shows that the main suit itself is disposed of on 18.06.2019. Therefore this petition has rendered infructuous and disposed of accordingly.
Sd/JUDGE
akc/
K. Thukaram Hegde
Lalitha R. Hegde
Athir Kumara Prfulla Shetty
Saritha P. Bandary
S. Amrutha Hegde
Neetha J. Shetty
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
