Dismissed

M/S Shree Yesholaxmi Constructions Ltd. v. Sri v Ramaiah

Karnataka HC13 Oct 2023WP/12704/2019

Case brief

AI extract

What is this about?

This writ petition under Article 227 of the Constitution of India was filed to quash an interim order. The court observed that the original suit pending at the City Civil and Sessions Judge was disposed of by compromise. Holding the petition as infructuous, the court dismissed it.

What did the court decide?

Writ petition dismissed as infructuous following the compromise disposal of the original suit.

M/S Shree Yesholaxmi Constructions Ltd. Vs… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:37578 WP No.12704 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.12704 OF 2019 (GM-CPC)

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BETWEEN:

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Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

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M/S. SHREE YESHOLAXMI CONSTRUCTIONS LTD., A COMPANY REGISTERED UNDER COMPANIES ACT 1956 HAVING ITS OFFICE AT GATE NO.335 SANGLI KOLHAPURA BYPASS ROAD DHARANGUTTI-416 103 VIA JAYASINGPUR DISTRICT KOLAHPUR REPRESENTED BY ITS DIRECTOR MR. RAJENDRA BABULAL MALU S/O BAULAL MALU AGED 49 YEARS.

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…PETITIONER

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(BY SRI. N. UDAYA KUMAR, ADV.,)

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AND:

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SRI. V. RAMAIAH S/O LATE VENKATA SHAMAPPA AGED ABOUT 83 YEARS.

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SMT. MUNIYAMMA W/O SRI. V. RAMAIAH AGED ABOUT 79 YEARS.

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SMT. PREMAVATHI D/O SRI. V. RAMAIAH AGED ABOUT 63 YEARS.

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SMT. PUSHPA D/O SRI. V. RAMAIAH AGED ABOUT 61 YEARS.

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2 - NC: 2023:KHC:37578 WP No.12704 of 2019

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SMT. SAVITRAMMA D/O SRI. V. RAMAIAH AGED ABOUT 59 YEARS.

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SRI. R. SURENDRA BABU S/O V. RAMAIAH AGED ABOUT 49 YEARS.

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SRI. R. ASHOK KUMAR S/O V. RAMAIAH AGED ABOUT 47 YEARS.

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SRI. R. JAIPAL S/O SRI. V. RAMAIAH AGED ABOUT 45 YEARS.

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SMT. ANUSUYA D/O SRI. V. RAMAIAH AGED ABOUT 43 YEARS.

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RESPONDENTS 1 T0 9 ARE RESIDING AT NO.49 KAGGADASAPURA K R PURA HOBLI C V RAMAN NAGAR BANGALORE-560 098.

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…RESPONDENTS

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN ORIGINAL SUIT NO.8125/2011 PENDING ON THE FILE OF THE CITY CIVIL AND SESSIONS JUDGE, BANGALORE, CCH-40. QUASH THE ORDER DTD 23.01.2019 PASSED ON I.A.NO.9 IN ORIGINAL SUIT NO.8125/2011 ON THE FILE OF THE LEARNED CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-40) VIDE ANNX-E. GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE IMPUGNED ORDER DTD 23.01.2019 PASSED ON I.A.NO.9 ON THE FILE OF THE LEARNED CITY CIVIL AND SESSION SJUDGE, BANGALORE (CCH-40) VIDE ANNX-E.

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

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3 - NC: 2023:KHC:37578 WP No.12704 of 2019

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ORDER

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Learned counsel for the petitioner has filed a memo. The memo reads as under:

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"The above writ petition is filed against the order dated 23.01.2019 passed on I.A.No.9 in Original Suit No.8125/2011on the file of the learned City Civil and Sessions Judge, Bengaluru (CCH-40) vide Annexure-E mentioned in the above writ petition.

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During pendency of the above writ petition, the above original suit No.8125/2011 is disposed on 21.06.2023 in view of the compromise petition filed by the parties. Hence the above writ petition is become infructuous.

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Wherefore, the petitioner prays this Hon'ble Court be pleased to dispose the above writ petition is become infructuous, in the interest of justice and equity."

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The said memo is placed on record.

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The petition is dismissed as having become infructuous.

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Sd/JUDGE

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M/S Shree Yesholaxmi Constructions Ltd. v. Sri v Ramaiah

Case brief

What is this about?

What did the court decide?

M/S Shree Yesholaxmi Constructions Ltd. v. Sri v Ramaiah

Case brief

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