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Ms Horanabi Vs Mr.Dadesab — Civil Procedure and Limitation | Karnataka HC (2023)

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Karnataka HC
2023
Ms Horanabi Vs Mr.DadesabMs Horanabi v. Mr.Dadesab

Dismissed

Ms Horanabi v. Mr.Dadesab

Karnataka HC1 Dec 2023WP/111132/2019

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition as infructuous because the underlying suit was decreed on 12.09.2019.

What did the court decide?

The writ petition was dismissed as infructuous.

What the court decided

AI extract

A

1 -

NC: 2023:KHC-D:14063 WP No. 111132 of 2019

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 1^ST DAY OF DECEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

WRIT PETITION NO. 111132 OF 2019 (GM-CPC)

BETWEEN:

MS HORANABI AGED ABOUT: 60 YEARS, OCC: HOUSEWIFE, W/O MR.IBRAHIMSAB SANADI, NADUVINAKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI.

…PETITIONER

(BY SRI. P V GUNJAL, ADVOCATE)

AND:

Parties & counsel

AI extract

petitioner
MS HORANABI
respondent
SHIVAKUMAR HIREMATH ORS.

Coram

AI extract

VIJAYKUMAR A.PATIL

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 1 Dec 2023 · December
Registered: 21 Jun 2019
Case no.: WP/111132/2019

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Cite this judgement

Ms Horanabi v. Mr.Dadesab, WP/111132/2019 (KA), decided on 1 December 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

VIJAYKUMAR A.PATIL

Parties & counsel

Outcome

The writ petition was dismissed as infructuous.

Detailed headnote1 paragraphs

A writ petition challenging an interim order was dismissed as infructuous upon the submission that the underlying suit had been finally decreed on 12.09.2019.

A compact analysis

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.

SHIVAKUMAR HIREMATH

Digitally signed by SHIVAKUMAR HIREMATH Date: 2023.12.05 12:02:19 +0530

MR.DADESAB AGED ABOUT: 85 YEARS, OCC: AGRICULTURIST, S/O MR GUDUSAB RASULANAVAR, YADARAVI, TQ: SAUNDATTI, DIST: BELAGAVI.

MS. MAIRUNABI AGED ABOUT: 75 YEARS, OCC: HOUSEWIFE, W/O MR.MAKTUMSAB RASULANAVAR, NADUVINA ONI, INAMHONGAL, TQ: SAUNDATTI, DIST: BELAGAVI.

MS. KHAIRUNABI AGED ABOUT: 50 YEARS, OCC: HOUSEWIFE, W/O MR.MAHAMMADSAB RASULANAVAR, INAMHONGAL,

2 - NC: 2023:KHC-D:14063 WP No. 111132 of 2019

TQ: SAUNDATTI, DIST: BELAGAVI.

MR.MUSTAFA, AGED ABOUT: 49 YEARS, OCC: AGRICULTURE, S/O MR.MAKTUMSAB RASULANAVAR, INAMHONGAL, TQ: SAUNDATTI, DIST: BELAGAVI.

MR.HUSENSAB AGED ABOUT: 47 YEARS, OCC: AGRICULTURE, S/O MR.MAKTUMSAB RASULANAVAR, INAMHONGAL, TQ: SAUNDATTI, DIST: BELAGAVI.

MS.SHAINAJABI AGED ABOUT: 43 YEARS, OCC: HOUSEWIFE, W/O MR.MAKTUMSAB RASULANAVAR, SAVATGI, TQ: SAUNDATTI, DIST: BELAGAVI.

MS.MAMTAJ AGED ABOUT: 41 YEARS, OCC: HOUSEWIFE, W/O MR.HASANSAB SANADI, 1ST MAIN, CHIRAGNAGAR, BELAGAVI.

MR.MAHAMMADSADIK AGED ABOUT: 35 YEARS, OCC: AGRICULTURIST, S/O MR.ALLABAKSH BANKAPUR, MAIN ROAD LAST CROSS, ALTAFNAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.

MR.KHADARSAB AGED ABOUT: 55 YEARS, OCC: AGRICULTURIST, S/O MR.HAJARATSAB BANKAPUR,

3 -

NC: 2023:KHC-D:14063 WP No. 111132 of 2019

MAIN ROAD LAST CROSS, ALTAFNAGAR,HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.

10. MR.JAFARSAB

AGED ABOUT: 53 YEARS, OCC: BUSINESSMAN, S/O MR.HAJARATSAB BANKAPUR, SADAR SOFA, MAKABULI, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.

MR.UMARSAB

AGED ABOUT: 50 YEARS, OCC: AUTO DRIVER, S/O MR.HAJARATSAB BANKAPUR, SADAR SOFA, MAKABULI, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.

12. MR.MAHAMMADSAB

AGED ABOUT: 47 YEARS, OCC: COOLIE, S/O MR.HAJARATSAB BANKAPUR, SADAR SOFA, MAKABULI, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.

13. MS MABUBBI

AGED ABOUT: 45 YEARS, OCC: HOUSEWIFE, W/O MR.MAIMUDDIN MUSHAVALI SADAR SOFA, MAKABULI, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.

14. MR.MAKABULSAB

AGED ABOUT: 65 YEARS, OCC: DRIVER, S/O MR.KASHIMSAB MULLA, MULLA GALLI, BELAVADI, TQ: BAILHONGAL,

4 -

NC: 2023:KHC-D:14063 WP No. 111132 of 2019

DIST: BELAGAVI.

MR.ALLABAKSH AGED ABOUT: 64 YEARS, OCC: AGRICULTURIST, S/O MR.KASHIMSAB MULLA, MULLA GALLI, BELAVADI, TQ: BAILHONGAL, DIST: BELAGAVI.

MS.MAMATAJBI DUBBAL AGED ABOUT: 63 YEARS, OCC: HOUSEWIFE, MULLA GALLI, BELAVADI, TQ: BAILHONGAL, DIST: BELAGAVI.

MS.JUBEDA AGED ABOUT: 62 YEARS, OCC: MASON, W/O MR.BABUSAB HUBBALLI, INAMHONGAL, TQ: SAUNDATTI, DIST: BELAGAVI.

MR.GOUSUSAB AGED ABOUT: 61 YEARS, OCC: AGRICULTURIST, KASHIMSAB MULLA, MULLA GALLI, BELAVADI,

TQ: BAILHONGAL, DIST: BELAGAVI.

MR.HAJARATSAB AGED ABOUT: 57 YEARS, OCC: AGRICULTURIST, MULLA GALLI, BELAVADI, TQ: BAILHONGAL, DIST: BELAGAVI.

MR.KUTUBUSAB AGED ABOUT: 56 YEARS, OCC: AGRICULTURIST, MULLA GALLI, BELAVADI, TQ: BAILHONGAL, DIST: BELAGAVI.

- 5 - NC: 2023:KHC-D:14063 WP No. 111132 of 2019

MR.IBRAHIMSAB AGED ABOUT: 55 YEARS, OCC: AGRICULTURIST, S/O MR.KASHIMSAB MULLA, MULLA GALLI, BELAVADI, TQ: BAILHONGAL, DIST: BELAGAVI.

MS.RAMEJA AGED ABOUT: 50 YEARS, OCC: HOUSEHOLD, D/O MR.KASHIMSAB MULLA, MULLA GALLI, BELAVADI, TQ: BAILHONGAL, DIST: BELAGAVI.

MR.GUDUSAB AGED ABOUT: 45 YEARS, OCC: AGRICULTURIST, S/O MR.KASHIMSAB MULLA, MULLA GALLI, BELAVADI, TQ: BAILHONGAL, DIST: BELAGAVI.

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING ANNEXURE-A THE ORDER DATED 10TH JUNE 2019 PASSED BY THE LEARNED PRL.SENIOR CIVIL JUDGE, SAUNDATTI, IN O.S.NO.34/ 2014 ON I.A 15, UNDER ORDR IX RULE 7 OF THE CPC AS NOT MAINTAINABLE AND ETC.

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

ORDER

Learned counsel for the petitioner submits that, the

suit is decreed on 12.09.2019.

NC: 2023:KHC-D:14063 WP No. 111132 of 2019

6 -

In view of the said submission, this petition would

not survive for consideration.

Accordingly, the writ petition is dismissed as having become infructuous.

Sd/JUDGE

SVH anb List No.: 1 Sl No.: 2

CNR

KAHC020022142019

Topic

Civil Procedure and Limitation

Bench

Vijaykumar A.patil

Disposal

DISMISSED

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