This writ petition filed under Article 226 of the Constitution challenging an interim order was dismissed on preliminary hearing. The curt order held that the petition had become infructuous as the trial court had already dismissed the underlying suit on merits.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2023 BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.14685 OF 2020 (GM-CPC)
BETWEEN:
…PETITIONER
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
(BY MS.DESIREE M. PAIS, ADV., FOR SRI. VIVEK HOLLA, ADV.,)
AND:
…RESPONDENTS
(BY SRI. MANIVANNAN G, ADV., FOR R1 & R2)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 09.06.2020 PASSED BY THE COURT OF XIX ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-18) VIDE
NC: 2023:KHC:31476 WP No.14685 of 2020
ANNX-AF ON IA NO.7 IN OS NO.3391/2018 AND FURTHER BE PLEASED TO DISMISS THE SUIT OS NO.3391/2018 PENDING ON THE FILE OF THE COURT OF XIX ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-18). GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER DTD 09.06.2020 PASSED ON IA NO.7 VIDE ANNX-AF PASSED BY THE COURT OF HONBLE XIX ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 18) IN OS NO.3391/2018 PENDING ON THE FILE OF THE COURT OF HON'BLE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-18).
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo stating
that the present writ petition has become infructuous.
2. Memo reads as under:
"The Petitioner had filed the present petition assailing the Order dismissing the Petitioner's application under Order XII Rule 6, in O.S.3391/2018 passed by the Court of the City Civil and Sessions Judge. The Trial Court was pleased to dismiss the suit on merits on 21.07.2022. Therefore, nothing survives in the
present writ petition and the petition has become infructuous. It is therefore prayed that this Hon'ble Court may be please to dispose of the matter as having become infructuous in the interest of justice and equity."
NC: 2023:KHC:31476 WP No.14685 of 2020
become infructuous.
Sd/JUDGE
BSR
2 issues framed by the court
Whether the writ petition filed under Article 226 of the Constitution is infructuous following the dismissal of the underlying suit on merits.
Whether the writ should be dismissed as having become infructuous.
M/S. Sterling Mac Hotel Pvt. Ltd.
Sri. K. Narayanappa
Sri. Venugopal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
