The High Court of Karnataka held a writ petition infructuous because the main civil suit captioned in the impugned order had already been decreed by the trial court. The petition was disposed of accordingly.
The writ petition was held infructuous and disposed of as the main suit was already decreed.
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.56681/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF OCTOBER 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
WRIT PETITION No.56681/2018 (GM-CPC)
BETWEEN :
P1(a) TO P1(e) ARE R/AT NO.22, 3RD FLOOR 1ST CROSS, KARAGAPPA GARDEN SHAMPANGIRAM NAGAR BENGALURU – 560027
W.P.No.56681/2018
2
AT PRESENT NO.264/11 9TH MAIN, 8TH CROSS SAMPANGIRAM NAGAR
BANGALORE – 560 027 …PETITIONERS
(BY SRI H.R.NARAYANA RAO FOR SRI RAJESWARA P N, ADVOCATES)
AND :
W.P.No.56681/2018
3
MADAGONDANAPALLY POST DENKANIKOTE TALUK KRISHNAGIRI DISTRICT TAMIL NADU
(f) SMT.MUNILAKSHMI W/O SAGAI AGED ABOUT 29 YEARS R/AT NO.270, THATAGUPE II STAGE CARMEL CHURCH BACKSIDE KANAKAPURA MAIN ROAD BENGALURU – 560 082
(g) SMT.RUPA W/O RAVI AGED ABOUT 26 YEARS R/AT NO.50, S.L.V. NILAYA 17TH B CROSS
J.S.S. SCHOOL MAIN ROAD KANAKAPURA MAIN ROAD KONANAKUNTE, BENGALURU – 560 062
W.P.No.56681/2018
4
AGED ABOUT 34 YEARS R/AT GONIGATTAPURA VILLAGE KUGUR POST, SARJAPUR HOBLI ANEKAL TALUK BENGALURU – 562 125 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28.11.2018 (ANNEXURE-A) PASSED BY THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY (CCH-7) IN O.S.NO.4193/1994 ON I.A.NO.4/2016.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Learned Counsel for the petitioners submits that the suit before the trial Court is disposed of.
Sd/-
JUDGE
KSR
1 issue framed by the court
Whether a writ petition challenging an order in a suit that is already decreed is maintainable or infructuous.
Sri M S Shankar since dead by LRS and others
S.M. Muniyappa and others
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
