The High Court of Karnataka, concluding that the conditional interim order against an arrest warrant issued in 2017 was not complied with and no new interim order existed, disposed of the writ petition as not surviving examination on merits.
The writ petition is disposed of as not surviving for examination on merits.
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NC: 2023:KHC:19544 WP No. 13167 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 13167 OF 2017 (GM-CPC)
BETWEEN:
…PETITIONERS
(BY SRI. ABHINAY Y.T. ADVOCATE)
AND:
VENKATESH
SINCE DEAD BY HIS LRS
NC: 2023:KHC:19544 WP No. 13167 of 2017
ALL ARE RESIDING AT DOOR NO. 2330/A, 10TH CROSS, KUVEMPUNAGARA,
CHANNAPATNA TOWN - 571 501.
SRI RAMAKRUPA, 6TH CROSS DOWN, NO. 2645, CHANNAPATNA - 571 501.
…RESPONDENTS
(BY SRI. D.K. SRIRAMAPPA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED 13.3.2017 VIDE ANNEX-H, PASSED BY THE SR. CIVIL JUDGE AND JMFC, CHANNAPATNA IN EX.NO.76/2013 (O.S.86/2012). GRANT AN INTERIM ORDER TO STAY IMPUGNED ORDER DATED 13.3.2017 VIDE ANNEX-H PASSED BY THE SR. CIVIL JUDGE AND JMFC, CHANNAPATNA IN EX.NO.76/2013 (O.S.186/2012).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Challenging order dated 13.03.2017 passed by Senior
Civil Judge and JMFC, Channapatna in Ex.no.76/2013 (OS.no.86/2012), this writ petition is filed.
NC: 2023:KHC:19544 WP No. 13167 of 2017
order was granted against execution of arrest warrant. Same has not been complied. It is also noted that petitioner has filed Regular First Appeal against original decree before this Court
and no interim order is granted therein.
issued way-back in year 2017 and there is no subsisting interim order against same, Writ Petition is disposed of as not surviving
for examination on merits.
Sd/JUDGE
MKM CT: BHK
2 issues framed by the court
Whether the writ petition challenging the issuance of an arrest warrant survives for examination on merits in the absence of a subsisting interim order?
Can a writ petition be disposed of summarily when the underlying interim order has been disobeyed?
2 provisions across 2 enactments
L. Eshwara Raju
Venkatesh (Smt. Jayalakshmamma, Sri. Satish, Sri. Srinivas, Smt. Jayasheela, M/s. Sri. Vybhava Finance Corp, Sri. Y R Venkataramu, Sri. Ramakrupa)
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
