In this writ petition challenging a civil court order, the High Court dismissed the matter as infructuous after the impugned appeal was itself dismissed for default due to the appellants' continuous absence.
The writ petition is dismissed as having become 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.
NC: 2023:KHC-D:14058 WP No. 103773 of 2018
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. 103773 OF 2018 (GM-CPC)
BETWEEN:
SHRI. DONNEPUDI SUBHASCHANDRA BOSE S/O NAGABHUSHANAM, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: SHRIRAMNAGAR-583282, TQ: GANGAVATHI, DIST: KOPPAL.
…PETITIONER
(BY SRI.MALLIKARJUN S. HIREMATH, ADVOCATE)
AND:
SHIVAKUMAR HIREMATH
TQ: GANGAVATHI, DIST: KOPPAL.
Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.12.05 12:12:38 +0530
S/O LATE BASAVARAJ VENKATAPUR, AGE: 21 YEARS, OCC: STUDENT, R/O: WARD NO.30, HIREJANTKAL-583227, TQ: GANGAVATHI, DIST: KOPPAL.
NC: 2023:KHC-D:14058 WP No. 103773 of 2018
R/O: MURALI BASAVANNA CAMP, POST: SHRIRAMNAGAR-583282, TQ: GANGAVATHI, DIST: KOPPAL.
…RESPONDENTS
(R1 - R3 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THIS COURT TO QUASH A WRIT IN THE NATURE OF CERTIORARI OR ANOTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 24.04.2018 PASSED BY THE SENIOR CIVIL JUDGE, GANGAVATI ON IA I IN RA 18/2017 PRODUCED AT ANNEXURE-‘E’ AND ETC.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
It is pointed out that, the Regular Appeal No.18/2017 is dismissed for default on 18.11.2023. The said order reads as under:
“ ORDER
No representation.
Perused the order sheet, appellants and counsel for appellants are continuously absent and not ready to take proper steps against the deceased respondent No.4. In view of that again adjourned the matter, no purpose would be served. Hence, appeal is dismissed for default.”
NC: 2023:KHC-D:14058 WP No. 103773 of 2018
Placing the aforesaid submission on record, the
present writ petition is dismissed as having become
infructuous.
Sd/JUDGE
SVH List No.: 1 Sl No.: 1
2 issues framed by the court
Whether the writ petition is maintainable after the underlying regular appeal was dismissed for default.
Whether the writ petition has become infructuous due to the dismissal of the impugned order.
1 provisions across 1 enactments
SHRI. DONNEPUDI SUBHASCHANDRA BOSE
SMT. HEMALATHA W/O LATE BASAVARAJ VENKATAPUR
HARSHAVARDHANA
S/O LATE BASAVARAJ VENKATAPUR
V KANAKAPPA S/O AYYANNA VENKATAPUR
K. SHIVAJI S/O K VENKATRAO
VIJAYKUMAR A.PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
