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S Ramegowda Vs v Thimmegowda — Civil Procedure and Limitation | Karnataka HC (2022)

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Karnataka HC
2022
S Ramegowda Vs v ThimmegowdaS Ramegowda v. v Thimmegowda

Dismissed

S Ramegowda v. v Thimmegowda

Karnataka HC18 Aug 2022WP/2204/2018

Case brief

AI extract

What is this about?

Writ petition under Article 226 became infructuous due to a subsequent order appointing a Court Commissioner, leading to its dismissal.

What the court decided

AI extract

A

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST, 2022

BEFORE

THE HON’BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION No.2204/2018 (GM-CPC)

BETWEEN:

S. RAMEGOWDA S/O. LATE SUBBEGOWDA, AGED 60 YEARS, R/AT SHREE RAGHURAMPURA VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432. ... PETITIONER

(BY MS. NITHYA V., ADVOCATE FOR MR. PRAKASH M.H., ADVOCATE)

AND:

V. THIMMEGOWDA S/O. LATE VENKATEGOWDA, AGED ABOUT 77 YEARS, R/A SHREE RAGHURAMPURA VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 432. ... RESPONDENT

(BY MR. K.L. SREENIVAS, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 03.01.2018 ON I.A.VI VIDE ANNEXURE-J AND CONSEQUENTLY SET ASIDE THE ORDER DATED 11.08.2017 VIDE ANNEXURE-F PASSED BY THE COURT OF CIVIL JUDGE (JR.DN.) AND JMFC AT NAGAMANGALA IN O.S.NO.22/2011.

Parties & counsel

AI extract

petitioner
S. RAMEGOWDA
respondent
V. THIMMEGOWDA

Coram

AI extract

K.S. HEMALEKHA

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 18 Aug 2022 · August
Registered: 16 Jan 2018
Case no.: WP/2204/2018

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Cite this judgement

S Ramegowda v. v Thimmegowda, WP/2204/2018 (KA), decided on 18 August 2022.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

K.S. HEMALEKHA

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

This writ petition challenging certain orders in a Civil Suit was rendered infructuous because an interim and subsequent order appointed a Court Commissioner to ascertain encroachment on the suit properties. The High Court dismissed the petition on the ground that it no longer served any purpose. No legal principle of general application is established.

A compact analysis

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.

2 -

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

Learned counsel for the petitioner submits that pursuant to the order on I.A. No.4 appointing the Court Commissioner to ascertain the encroachment of the suit schedule properties, another application has been filed seeking appointment of Court Commissioner and that has been allowed. It is submitted that the present petition has become infructuous and files a memo to the said effect, which reads as under:

“In the above case another order is passed for the appointment of commissioner subsequent to passing of the Interim Order. Hence, this W.P. becomes infructuous and requested to consider the in the interest of Justice and Equity.”

3 -

Submission and memo are placed on

record.

In light of the submission made by the learned counsel for the petitioner and in view of the memo, the petition is dismissed as having become infructuous.

SD/JUDGE

MBM

CNR

KAHC010010132018

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED

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