In this preliminary hearing, the Karnataka High Court dismissed the writ petition challenging a notice to vacate encroached land. The Court held that since an appeal was filed against the underlying trial court decree dismissing the petitioner's suit, the article 226 petition had no survival for consideration.
Writ petition dismissed with no costs.
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 17TH DAY OF APRIL, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.6197 OF 2021 (GM-RES)
BETWEEN :
SRI. K. NARASIMHA REDDY S/O PEDDA REDDY AGED ABOUT 66 YEARS R/O 15TH WARD BAGEPALLI TOWN
CHICKBALLAPUR DISTRICT …PETITIONER
(BY SHRI. V. VANITHA DEVI)
AND :
PIN CODE:561 207 ... RESPONDENTS
(BY SHRI. C.N. MAHADESHWARAN, AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DTD.26.02.2021 ISSUED BY THE R-3 VIDE ANNX-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Shri.C.N.Mahadeshwaran, learned AGA is directed to
take notice for respondents.
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appropriate for the petitioner to pursue the same in R.A. No.110/2020.
dismissed .
No costs.
permitted to file Memo of appearance in four weeks.
Sd/JUDGE
SPS
1 issue framed by the court
Whether a writ petition filed to quash a notice calling upon petitioner to vacate encroached land should be dismissed in light of an outstanding appeal challenging the related trial court decree.
Sri. K. Narasimha Reddy
State of Karnataka
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
