Dismissed

Irappa S/O Nagappa Mallur v. Irappa S/O Basavanneppa Mallur

Karnataka HC24 Nov 2023WP/104624/2015

Case brief

AI extract

What is this about?

High Court at Dharwad Bench dismissed two writ petitions filed under Articles 226 and 227 of the Constitution of India as infructuous. The petitions, challenging civil judgments regarding suit schedule properties, could not be entertained because the underlying civil suit was already dismissed by the trial court.

What did the court decide?

The writ petitions were dismissed as having become infructuous due to the dismissal of the underlying civil suit.

Irappa S/O Nagappa Mallur Vs Irappa S/O Basavanneppa… — Property and Title | Karnataka HC (2023)

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NC: 2023:KHC-D:13780 WP No. 104624 of 2015 C/W WP No. 106530 of 2015

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

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WRIT PETITION NO. 104624 OF 2015 (GM-CPC) C/W WRIT PETITION NO. 106530 OF 2015 (GM-CPC)

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IN W.P. NO. 104624 OF 2015:

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BETWEEN:

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SHRI. IRAPPA S/O NAGAPPA MALLUR, AGE: 75 YEARS, OCC. AGRICULTURE, R/O. MADANBHAVI, TQ. BAILHONGAL, DIST. BELAGAVI.

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… PETITIONER

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(BY SRI. SANTOSH B. RAWOOT AND SRI. A.D. SHILLEDAR, ADVOCATES)

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AND:

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SHIVAKUMAR HIREMATH

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Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.12.01 13:10:35 +0530

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SHRI. IRAPPA S/O BASAVANNEPPA MALLUR, AGE: 56 YEARS, OCC. AGRICULTURE, R/O. MADANBHAVI, TQ. BAILHONGAL, DIST. BELAGAVI.

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SHRI. BASWANTAPPA S/O BASAVANNEPPA MALLUR, AGE: 53 YEARS, OCC. AGRICULTURE R/O. MADANBHAVI, TQ. BAILHONGAL, DIST. BELAGAVI.

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SHRI. SURESH S/O BASAVANNEPPA MALLUR, AGE: 49 YEARS, OCC. AGRICULTURE, R/O. MADANBHAVI, TQ. BAILHONGAL, DIST. BELAGAVI.

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… RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF

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NC: 2023:KHC-D:13780 WP No. 104624 of 2015 C/W WP No. 106530 of 2015

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CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 10.02.2015 IN M.A.NO.5 OF 2014 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, BAILHONGAL PRODUCED AT ANNEXURE-A.

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IN W.P. NO. 106530 OF 2015:

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BETWEEN:

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SHRI. IRAPPA S/O LATE BASAVANNEPPA MALLUR, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. MADANBHAVI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI.

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SHRI. BASWANTAPPA S/O LATE BASAVANNEPPA MALLUR, AGE: 54 YEARS, OCC. AGRICULTURE, R/O. MADANBHAVI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI.

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SHRI. SURESH S/O LATE BASAVANNEPPA MALLUR, AGE: 57 YEARS, OCC. AGRICULTURE, R/O. MADANBHAVI VILLAGE, TQ. BAILHONGAL, DIST. BELAGAVI.

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… PETITIONERS

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(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)

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AND:

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SHRI. IRAPPA S/O LATE NAGAPPA MALLUR, AGE: 75 YEARS, OCC. AGRICULTURE, R/O. MADANBHAVI, TQ. BAILHONGAL, DIST. BELAGAVI.

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… RESPONDENT

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(RESPONDENT SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND MODIFY THE ORDER PASSED BY THE HON’BLE SENIOR CIVIL JUDGE, BAILHONGAL DATED 10/02/2015 IN M.A. NO.05/2014 VIDE ANNEXURE-E AS FAR AS REJECTING THE CLAIM OF THE PETITIONERS RELATING TO THE SUIT SCHEDULE A PROPERTIES ARE CONCERNED AND SETTING ASIDE THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., BAILHONGAL ON I.A.NO.1 IN O.S.NO.223/2014 DATED 05/11/2014 VIDE ANNEXURE-D.

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- 3 - NC: 2023:KHC-D:13780 WP No. 104624 of 2015 C/W WP No. 106530 of 2015

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel for parties in both the petitions

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jointly submit that the suit in O.S.No.223/2014 is

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dismissed by judgment and decree dated 30.03.2022.

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Submission is placed on record.

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In view of the same, the writ petitions do not survive for consideration. Accordingly, the petitions are dismissed as having become infructuous.

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Sd/JUDGE

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NAA CT:BCK List No.: 1 Sl No.: 1

Irappa S/O Nagappa Mallur v. Irappa S/O Basavanneppa Mallur

Case brief

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Irappa S/O Nagappa Mallur v. Irappa S/O Basavanneppa Mallur

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