The High Court of Karnataka disposed of the writ petition as infructuous based on the respondent's submission that the underlying family dispute petition was already discharged, noting no representation was filed by the petitioners.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE R.NATARAJ
WRIT PETITION NO.3796 OF 2014 (GM - CPC)
BETWEEN:
KULLA LINGA GOWDA, SINCE DEAD BY HIS LRS.
THE PETITIONERS NO.1 TO 4 ARE RESIDING AT LINGE GOWDANAHUNDI VILLAGE, KASABA HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT - 571 124.
... PETITIONERS
[BY SRI. M.N.MADHUSUDAN, ADVOCATE (ABSENT)]
AND:
SMT.SIDDAMMA, W/O LATE LINGE GOWDA, AGED ABOUT 71 YEARS, C/O N.SIDDAIAH, S/O LATE NINGAIAH, D.NO.1610, 4TH CROSS,
2
…RESPONDENT
HOSAKERE, K.R.MOHALLA, MYSORE - 570 004.
[BY SRI. V.B.SHIVAKUMAR, ADVOCATE]
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN FDP NO.5/2006 FROM THE FILE OF THE JUNIOR CIVIL JUDGE AND JMFC AT T.NARASIPUR AND SET ASIDE THE IMPUGNED ORDER PASSED IN THE FDP 5/2006 ON THE FILE OF THE CIVIL JUDGE AND JMFC, T.NARASIPUR ON 28.11.2013 VIDE ANNEXURE - E AND THE IMPUGNED FINAL DECREE DATED 28.11.2013 VIDE ANNEXURE - F IN FDP 5/2006 PASSED IN THE SAID CASE.
THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the respondent submits that the present writ petition arises out of F.D.P.No.5/2006, which was disposed off and therefore, this writ petition has become infructuous.
There is no representation for the petitioners.
In view of the submission made by the learned counsel for the respondent, the writ petition is disposed off as having become infructuous.
However, if the petitioners are of the opinion that the writ petition survives for consideration, they are at liberty to seek restoration of this petition.
Sd/JUDGE
GJM
SRI.MARISWAMY
SMT.KEMPAMMA
SMT.SIDDAMMA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
