The petitioner sought to quash an order rejecting an application for rent deposit. The court dismissed the writ petition as infructuous on the basis that the trial court had subsequently ordered rent payment and handed over possession.
Writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.10264 OF 2021 (GM-CPC)
BETWEEN:
KRUPA D.R., S/O LATE RAME GOWDA D.M., R/AT NO.55, FF2, SUMUKHA PERAL APARTMENT, 7TH MAIN, NANDA KUMAR LAYOUT, AREHALLI, UTTARAHALLI, BANGALORE - 560 061.
…PETITIONER
(BY SRI. MANJUNATH S., ADVOCATE FOR SRI. SHARATH S. GOWDA, ADVOCATE)
AND:
MR. PRAJWAL SHETTY, S/O. LATE PARABHAKAR SHETTY, AGED ABOUT 39 YEARS, R/AT NO. 222/1, NATIONAL PARK ROAD, BANNERGHATTA, BANGALORE - 560 083.
…RESPONDENT
Digitally signed by GURURAJ D Location: High Court of Karnataka
(RESPONDENT SERVED AND UNREPRESENTED)
THIS WP IS FILED UNDER ARTCLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 28.05.2021 PASSED BY THE LXVI ADDL. CITY CIVIL AND SESSIONS COURT (CCH-67) AT BANGALORE, IN O.S.NO.882/2020, IN REJECTING THE APPLICATION FILED BY THE PLAINTIFF UNDER I.A.NO.4 SEEKING FOR DEPOSIT OF ARREARS OF RENT UNDER ORDER XXXIX RULE 10 R/W SECTION 151 OF CPC VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW I.A.NO.4 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GORUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:34260 WP No. 10264 of 2021
ORDER
Sri. Manjunath S., learned counsel appearing on behalf of Sri. Sharath S Gowda, learned counsel for the petitioner submits that the above writ petition has rendered infructuous.
"The petitioner in the top noted petition respectfully submits that the above petition will become infructuous due to the subsequent developments before the Trial Court wherein possession has been handed over the petitioner by virtue of part decree passed in O.S.No.882/2020 and also the order dated 23.01.2023, wherein an order has been passed directing the respondent/defendant to pay admitted rent of Rs.35,000/- per month. Hence, the memo may be taken on record, in the interest of justice and equity."
become infructous.
Sd/JUDGE
GRD
List No.: 38 Sl No.: 10
2 issues framed by the court
Whether the writ petition for quashing an interim order has become infructuous due to subsequent possession and rent payment orders.
Whether the writ petition needs to be dismissed as infructuous on preliminary hearing.
3 provisions across 2 enactments
Krupa D.R.
Mr. Prajwal Shetty
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
