High Court at Bengaluru dismissed the writ petition filed by the plaintiff questioning the dismissal of his original civil suit, holding the petition infructuous as the underlying suit was already dismissed.
None. Writ petition dismissed as infructuous due to dismissal of underlying suit.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.13535 OF 2018 (GM-CPC)
BETWEEN:
K R VENKATARAMAIAH S/O. LATE. RAMIAH, AGED ABOUT 61 YEARS, R/O S. KENCHANAHALLI VILLAGE, KASABA HOBLI, MULBAGAL TALUK-563131 AGRICULTURE BY PROFESSION.
...PETITIONER
(BY SRI.BHASKAR GOWDA.N.M, ADVOCATE FOR SRI.SUHAS B SAPPANNAVAR, ADVOCATE)
AND:
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AGED ABOUT 50 YEARS
DEFEMDANTS 1 AND 3 TO 5 ARE AGRICULTURISTS AND ALL THE DEFENDANTS ARE R/O: S. KENCHANAHALLI VILLAGE, KASABA HOBLI, MULBAGAL TALUK-563131.
…RESPONDENTS
(BY SRI M.V.CHANDRASHEKARA REDDY, ADVOCATE FOR R1-5)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 09.01.2018 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, MULBAGAL IN O.S.NO.256/2011 VIDE ANNX-A CONSEQUENTLY BY REJECTING THE REPORT OF THE COURT COMMISSIONER VIDE ANNX-D AND TO ISSUE THE NECESSARY DIRECTION TO THE TRIAL COURT FOR APPOINTMENT OF SECOND COURT COMMISSIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the plaintiff
questioning the order dated 09.01.2018 passed by the learned Principal Civil Judge and JMFC, Mulbagal in O.S.No.256/2011.
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It is noticed that the suit itself is dismissed on 24.07.2020. Hence, the present petition has become infructuous.
Accordingly, the writ petition is dismissed as having become infructuous reserving liberty to the petitioner/plaintiff to urge all grounds urged in the instant writ petition in an appeal.
Sd/JUDGE
CA
K R VENKATARAMAIAH
K V KRISHNAPPA
K.V. SUBBAIAH
K.V. SOMANNA
SEENAPPA
K.P. GOWDA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
