Petitioners filed a writ petition under Article 226 to quash an order dismissing a petition filed under Section 92 of CPC. Counsel submitted the writ has become infructuous due to developments in the original suit. The court dismissed it on that ground.
Writ petition dismissed as infructuous.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2022
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
WRIT PETITION NO. 22688 OF 2016 (GM-CPC)
BETWEEN:
RTD. SUPT. OF POLICE, AGED ABOUT 78 YEARS, EX-HONORARY SECRETARY
W.P. No. 22688/2016
2
OF THE 1ST PETITIONER, # 96, 2ND MAIN, 1ST STAGE, SIDDARTHANAGARA, MYSURU - 570 021.
...PETITIONERS
(BY SRI. JAGADEESH.C.M., ADVOCATE)
AND:
1 . P.S.SHIVASWAMY S/O LATE P.N.SHIVANANJAPPA, AGED ABOUT 78 YEARS,
W.P. No. 22688/2016
3
NO.14, 1ST STAGE, K.E.COLONY, 3RD CROSS, 2ND MAIN, BASAVESWARANAGAR, BENGALURU - 560 010.
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION SETTING ASIDE THE ORDER ANNEXURE-E PASSED BY THE HON’BLE PRINCIPAL DISTRICT COURT, MYSORE IN MIS.NO.60/2011 DATED 19.12.2015 BY DISMISSING THE PETITION FILED BY THE RESPONDENTS 1 TO 3 UNDER SECTION 92 OF C.P.C., BY ALLOWING THIS WRIT PETITION WITH COST IN THE INTEREST OF JUSTICE AND EQUITY.
4
W.P. No. 22688/2016
THIS WRIT PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING HEARING , THIS DAY, THE COURT MADE THE FOLLOWING :
O R D E R
Learned counsel for the petitioners is appearing through video conference and submits that in view of the development that has taken place in the original suit before the trial Court, the present Writ petition which has arisen from the said original suit has become infructuous.
In view of the above submission, the Writ Petition stands dismissed as having become
infructuous.
Sd/JUDGE
mbb
1 issue framed by the court
Whether the writ petition filed setting aside the order of the Principal District Court has become infructuous due to developments in the original suit?
Sahukar Kabballi Channabasappanavara Veerashaiva Ashrama - By its President H.P.Basappa, J.L.B. Road, Mysore-560 024
H. B. Basappa Ex-Vice Chairman
H.G. Guruprasad S/o Late Gurumallappa
Basavaraju RTD. Supt. Of Police
G Basavaraju RTD. Superintendent
K N Mahadevaswamy Advocate
H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
