This writ petition filed under Article 226 of the Constitution was dismissed for non-prosecution as the underlying suit appealed matters were listed for final arguments, rendering relief under the present writ redundant.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF AUGUST 2021
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.43016/2017(GM-CPC)
BETWEEN:
MAHALINGAIAH, S/O KUNDOORIAH, AGED 48 YEARS, ARCHAKA OF BEERESHWARA TEMPLE RESIDING AT KUNDOOR VILLAGE, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101.
… PETITIONER
(BY SRI. K.N.SANJAY KUMAR, ADV.)
AND:
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RESIDING AT KUNDOOR VILLAGE, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 101.
… RESPONDENTS
(BY SRI. SIDDAMALLAPPA.P.M, ADV., FOR R-1; PETITION AS AGAINST R-2 AND R-3 IS ABATED.)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED CIVIL JUDGE SENIOR DIVISION COURT AND JMFC COURT AT KUNIGAL DATED 27.07.2017 IN M.A.2/2011 VIDE ANNEXURE-A AND CONSEQUENTLY UPHELD THE ORDER PASSED BY THE LEARNED CIVIL JUDGE JUNIOR DIVISION AND JMFC., COURT AT KUNIGAL IN O.S.295/2010 DATED 1.1.2011 VIDE ANNEXURE-A1 ALLOWING THE I.A. FILED BY THE PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
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Sd/JUDGE
PKS
MAHALINGAIAH, S/O KUNDOORIAH
K. KUNDURAIAH
N.S.SANJAY GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
