The High Court of Karnataka dismissed the writ petition filed under Article 227 of the Constitution. The court held the petition was not maintainable as the underlying civil suit in O.S.No.6239/2009 was already dismissed on 08.04.2010.
The writ petition was dismissed as it was held to be not maintainable once the underlying civil suit was dismissed.
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 1ST DAY OF APRIL 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION No.16188/2019 (GM - CPC)
BETWEEN:
... PETITIONERS
(BY SMT.VANAJAKSHI P., ADVOCATE FOR SRI.RASHEED KHAN, ADVOCATE)
AND:
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W/O NAGARAJ, AGED ABOUT 55 YEARS, R/AT NAGAPPA BLOCK, GOWRIBIDNURU VILLAGE, CHIKKABALLAPUR DISTRICT – 561 208.
... RESPONDENTS
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.12.2018 PASSED BY THE HON’BLE PRL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE IN O.S.NO.6239/2009 VIDE ANNEXURE - F ON IA NO.5 AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
O R D E R
Heard the learned counsel appearing for the
petitioners.
Sd/JUDGE
GJM
1 issue framed by the court
Whether a writ petition is maintainable under Article 227 when the underlying civil suit has already been dismissed.
1 provisions across 1 enactments
Radamma
Sreenath
Satyanarayana
Nanjappa
Nagarathna
Hemavathi
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court