High Court of Karnataka dismissed Writ Petition No. 100558 of 2017 as not pressed and infructuous because the underlying civil suit was decreed by the trial court, rendering the challenge quashed.
Writ petition dismissed as infructuous; Interim Application dismissed.
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NC: 2023:KHC-D:12872 WP No. 100558 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT PETITION NO. 100558 OF 2017 (GM-CPC)
BETWEEN:
SMT. KASTURI W/O. BHIMRAO PARISHWAD, AGE: 75 YEARS, OCC: AGRICULTURE, R/O: 712/6, JEEVANGANGA, ANGOL ROAD, BELAGAVI.
…PETITIONER
(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)
AND:
SHIVAKUMAR HIREMATH
Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.11.06 11:09:02 +0530
…RESPONDENTS
(BY SRI. SHIVARAJ BALLOLI & SRI. RAMESH I ZIRALI, ADVS)
NC: 2023:KHC-D:12872 WP No. 100558 of 2017
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THIS COURT TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE LOWER APPELLATE COURT THE IST ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI IN M.A.NO.31/2016 DATED:09.12.2016, VIDE ANNEXURE-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo.
The said memo reads thus;
“ MEMO
Herein, the memo on behalf of the petitioner is as under:
The petitioner in the top noted writ petition had challenged the order passed in M.A.No.31/2016 arising out of O.S.No.1323/2015 on the file of the I Additional Civil Judge and JMFC Court, Belagavi. The suit filed by the petitioner is decreed by the trial Court on 31.01.2023 and therefore, the cause of action in the top noted writ petition has become infructuous.
The top noted writ petition may kindly be disposed off as not pressed.
Hence, this memo.”
The said memo is placed on record. Accordingly, the
writ petition is dismissed as having become infructuous.
In view of the dismissal of the writ petition, I.A.No.1/2018 does not survive for consideration.
Accordingly, the same is also dismissed.
Sd/JUDGE
SVH
List No.: 1 Sl No.: 8
Smt. Kasturi W/o. Bhimrao Parishwad
Smt. Padmavati @ Padmashree W/o. Rayappa HanamanNAVAR
Shivakumar Hiremath
Shri. Prashant S/o. Rayappa HanamanNAVAR
Shri. Pushpak S/o. Rayappa HanamanNAVAR
Shri. Jayawardhan S/o. Rayappa HanamanNAVAR
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
