The High Court of Karnataka dismissed a writ petition challenging an interim stay order on the ground that the impugned order had become spent and infructuous due to the efflux of time after the appeal period expired.
The writ petition was dismissed as having become infructuous since the impugned stay order had spent itself.
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.
WP No. 21777 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 21777 OF 2022 (IPR)
BETWEEN:
…PETITIONERS
[BY SRI. RISHI ANEJA, ADVOCATE (AB)]
Digitally signed by GURURAJ D Location: High Court Of Karnataka
AND:
DINESH KUMAR, PROPRIETOR OF JAI LAKSHMI MARKETING, NO.802, 2ND FLOOR, VINAY COMPLEX, BENGALURU 560 053.
…RESPONDENT
[BY SRI. SIVARAMAN VAIDYANATHAN AND SRI. PRAMATH M.S., ADVOCATES (PH) FOR C/R (PH)]
THIS WRIT PETITION IS FILED PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED AUGUST 29, 2022, PASSED ON AND IN SO
WP No. 21777 of 2022
FAR AS IT RELATES TO I.A.NO.6 OF 2022 FILED BY THE RESPONDENT IN O.S.NO.588 OF 2022, CONSEQUENTLY, REMOVE THE DE FACTO STAY OF THE INTERIM INJUNCTION ORDER DATED AUGUST 29, 2022 PASSED IN I.A.NO.1 AND 2 OF 2022 IN O.S.NO.588 OF 2022 AND MAKE THE SAID ORDER OPERATIONAL WITH IMMEDIATE EFFECT.
THIS WRIT PETITION COMING ON FOR ADMISSION, THIS DAY, COURT MADE THE FOLLOWING:
ORDER
Challenging impugned order dated 29.08.2022 passed on I.A.no.6/2022 XVIII Addl. City Civil Judge, Bengaluru City (CCH-10), in O.S.no.588/2022, this writ petition is filed.
Sd/JUDGE
Psg*
2 issues framed by the court
Whether the writ petition challenging the stay order becomes infructuous due to efflux of time rendering the order spent.
Whether the court should dismiss the writ petition as infructuous.
YANG BIN
YIWU KEMEI ELECTRIC APPLIANCE CO. LTD.
DINESH KUMAR
RAVI V HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
