The court dismissed a writ petition under Article 226 seeking to quash an order in an abated civil suit, holding that the suit's dismissal rendered the petition infructuous.
The writ petition was dismissed as having become infructuous due to the abatement of the underlying suit.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2022
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.11847 OF 2017 (GM-CPC)
BETWEEN:
MR. JHON JOSEPH S/O. SAMWEL, AGED ABOUT 67 YEARS, R/O DOOR NO.1414, APOORVA HOTEL ROAD, HASSAN CITY-573 201.
...PETITIONER
(BY SRI. SHRIKARA P K, ADVOCATE)
AND:
PAL ROBERT S/O. KANAKA RAJU, AGED ABOUT 48 YEARS, R/O. JCT DRIVING SCHOOL, R.C. ROAD, HASSAN-573 201.
….RESPONDENT
(BY SRI. K N NITISH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.11.2016 PASSED IN
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O.S.NO.579/2011 VIDE ANNEX-A BY HON'BLE III ADDL. CIVIL JUDGE AND JMFC AT HASSAN AND THEREBY ALLOW THE INTERLOCUTORY APPLICATION FILED UNDER SECTION 151 OF CPC 1908 DATED 10.3.2016 VIDE ANNEX-J AS PRAYED FOR.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This writ petition is arising out of suit in O.S.No. 579/2011. Learned counsel for the respondent has filed a memo stating that the said suit came to be dismissed as abated on 09.02.2021, and prays to dismiss the writ petition.
survives for consideration in this writ petition. Accordingly, the writ petition is dismissed as having
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become infructuous. However, liberty is reserved to the petitioner to make an application for review of the order, if abatement is set aside.
SD/JUDGE
RD
Mr. Jhon Joseph S/o. Samwel
Pal Robert S/o. Kanaka Raju
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
