The High Court of Karnataka held the writ petition infructuous because the main matter from which the impugned order emanated has been disposed of. Other contentions and reliefs were reserved for pursuit elsewhere.
Petition held infructuous; other contentions and reliefs reserved.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.9899 OF 2021 (GM, FC)
BETWEEN:
MRS. SONALI M. V. MENDONSA AGED 35 YEARS, W/O. PRAJWAL LUIS, D/O MR. VINCENT A. MENDONSA, FLAT NO. 602, HOSEA, DEEPA PARK APARTMENT, 3RD MAIN, MARTIN PAIS ROAD, LADYHILL MANGALORE - 575 006.
PRESENTLY RESIDING AT: NO.9, KALPANA, 366, 16TH ROAD, BANDRA (W) MUMBAI - 400 050. (BY SRI. P.P. HEGDE, ADVOCATE)
…PETITIONER
AND:
MR. PRAJVAL JUDE LUIS S/O. LATE FRANCIS LUIS, AGED 38 YEARS, R/AT NO. C 508, 5TH FLOOR, ELBRUS BLOCK, ALPINE ECO APARTMENT, MARATHHALLI OUTER RING ROAD, DODDENKUNDI, BENGALURU - 560 037. (BY SRI. AJITH A. SHETTY, ADVOCATE)
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 15.04.2021 PASSED BY THE PRL.JUDGE, FAMILY COURT, MANGALURU ON IA NO.XIII IN M.C.NO.303/2017 VIDE ANNX-P REFUSING TO MODIFY THE ORDER DTD 06.10.2018 IN M.C.NO.303/2017, THE ORDER SHEET VIDE ANNX-C AND CONSEQUENTLY MODIFY THE
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ORDER DTD 06.10.2018 PASSED BY THE PRL. JUDGE, FAMILY COURT, MANGALURU IN M.C.NO.303/2017 BY ALLOWING IA NO.XIII FILED BY THE PETITIONER VIDE ANNX-P; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petition has become infructuous, in view of disposal of main matter from which the impugned order emanated. All other contentions and reliefs are reserved, for being pursued elsewhere in accordance with law.
Costs made easy.
Sd/JUDGE
DS/JY
2 issues framed by the court
Whether the writ petition can be allowed given the disposal of the main matter.
Whether the impugned order refusing to modify the judgment in M.C.No.303/2017 should be quashed.
2 provisions across 1 enactments
SONALI M. V. MENDONSA
PRAJVAL JUDE LUIS
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
