The High Court of Karnataka dismissed Writ Petition No. 145519 of 2020 as infructuous after being informed that the original suit O.S. No. 355/2014 had been disposed of by a judgment and decree dated 23.09.2020, rendering the prayer for quashing the earlier order moot.
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WP No. 145519 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 08TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE R.DEVDAS WRIT PETITION NO. 145519 OF 2020 (GM-CPC)
BETWEEN:
…PETITIONER
(BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE)
AND:
VINAYAKA B V
Digitally signed by VINAYAKA B V Location: Dharwad Date: 2022.06.09 10:28:36 +0530
WP No. 145519 of 2020
WP No. 145519 of 2020
R/O: HOSATTI, TQ: MUDALAGI,
DIST: BELAGAVI.
WP No. 145519 of 2020
WP No. 145519 of 2020
R/O: HOSATTI, TQ: GOKAK, DIST: BELAGAVI.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 29.02.2020 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, GOKAK IN O.S.NO. 355/2014 ON I.A.NO.43 FILED UNDER ORDER VI RULE 17 R/W SECTION 151 OF CIVIL PROCEDURE CODE FOR AMENDMENT OF WRITTEN STATEMENT AS PER ANNEXURE-A AND ALLOW THE I.A.NO.43 FILED BY THE DEFENDANT NO.6/PETITIONER FILED UNDER ORDER VI RULE 17 R/W. SECTION 151 OF CPC FOR AMENDEMENT OF THE WRITTEN STATEMENT AS PER ANNEXURE-L.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 145519 of 2020
ORDER
R.DEVDAS J., (ORAL):
Learned counsel for the petitioner has filed a memo dated 23.05.2022 stating that original suit in O.S.No.355/2014 from which the present writ petition arises was disposed of by the trial court by judgment and decree dated 23.09.2020. Therefore, the learned counsel submits that since the prayer in the writ petition has become infructuous, the writ petition may be dismissed.
Memo is taken on record subject to all just exceptions.
Accordingly, the writ petition is dismissed as having become infrucutous.
SD JUDGE
MBS/-
Somesh S/o. Appanna Undri
Venkatrao S/o. Hanamantrao Desai
Balasaheb s/o Hanamantrao Desai
Hemabai w/o Balasaheb Desai
Geeta w/o Suresh Desai
Rajendra s/o Balasaheb Desai
R. Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
