High Court of Karnataka held Writ Petition infructuous and dismissed it after recording that the underlying civil suit was disposed of via compromise.
The writ petition was dismissed as having become infructuous following the compromise order in the underlying suit.
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.
NC: 2023:KHC-D:14059 WP No. 102736 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 102736 OF 2019 (GM-CPC)
BETWEEN:
SMT.DURGAMMA W/O. IRAPPA NAIK AGE:59 YEARS, OCC:HOUSEHOLD, R/O. H.NO.3,CHOUTANI, MUNDALLI VILLAGE, TAL:BHATKAL (UK)
…PETITIONER
(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)
AND:
SHIVAKUMAR HIREMATH
Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.12.05 12:08:47 +0530
(SRI. D.J.NAIK, ADVOCATE FOR R1-R3)
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THIS COURT TO QUASH THE IMPUGNED ORDER DATED:01.12.2018 PASSED IN M.A.NO.5/2018 ON THE FILE OF SENIOR CIVIL JUDGE, BHATKAL
VIDE ANNEXURE-G, TO MEET THE ENDS OF JUSTICE AND EQUITY ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo
for disposal. The same reads as under:
“ MEMO FOR DISPOSAL
The counsel for the petitioner most humbly submits as hereunder:
1. It is submitted that the petitioner has filed the top noted petition challenging the order dated 01/12/2018 passed by the learned Senior Civil Judge, Bhatkal in M.A.No.5/2018 thereby setting aside the order dated 09/08/2018 passed by the learned Principal Civil Judge, Bhatkal, at Bhatkal in O.S.No.51/2018.
2. It is submitted that, the suit filed by the petitioner in O.S.No.51/2018 has been disposed of by the trial Court in terms of compromise petition between the parties. Copies of the order dated 19/11/2020 passed by the trial Court and the print out of case status from the official district Court portal of
this Hon’ble Court are produced herewith and marked as Document No.1 and 2 respectively.
3. The same may be taken on record and the top noted petition may be disposed of as having become infructuous to meet the ends of justice and equity.
Hence, this memo.”
In view of the said memo, the writ petition is
dismissed as having become infructuous.
Sd/JUDGE
SVH
List No.: 1 Sl No.: 36
Smt. Durgamma W/o. Irappa Naik
Bibi Shaharbanu W/o. Shabandri Hasan Kojapoo
Shivakumar Hiremath
Nazifa Zareen W/o. Abubakar Rizwan
Naveed Husain S/o. Shabandri Hasan Kojapoo
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
