Petitioner filed a writ petition under Article 226 challenging an order in O.S. No. 198/2008. The court noted the underlying suit was disposed of as settled and dismissed the writ petition as infructuous.
The writ petition was dismissed as infructuous because the underlying suit had been disposed of as settled.
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.
NC: 2023:KHC:29398 WP No.148 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023 BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.148 OF 2019 (GM-CPC)
BETWEEN:
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
(BY MS. AISHWARYA HEGDE, ADV., FOR
MR. GURURAJ R, ADV.,)
…PETITIONER
AND:
W/O LATE YALAKKIGOWDA AGED ABOUT 40 YEARS C/O SHIVANNA MOOLEKALENAHALLI VILLAGE KASABA HOBLI, HOLENARASIPURA TLAUK HASSAN DISTRICT 576101.
D/O LATE YALAKKIGOWDA AGED ABOUT 17 YEARS REP BY MINOR GUARDING HER MOTHER SMT. SHARADA W/O LATE YALAKKIGOWDA
NC: 2023:KHC:29398 WP No.148 of 2019
C/O SHIVANNA MOOLEKALENAHALLI VILLAGE KASABA HOBLI HOLENARASIPURA HASSAN DISTRICT 573221.
NOW R/O C/O MAHADEV NO.46, CHIKKU DOCTOR ROAD KOTHANUR, BENGALURU-560077.
…RESPONDENTS
(BY SRI. CHETHAN B, ADV., FOR R1 & R2 R3 IS SERVED BUT UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 29.11.2018 PASSED ON I.A.NO.15 IN O.S.NO.198/2008 ON THE FILE OF CIVIL JUDGE AT HOLENARASIPURA AND ALSO ORDER DE-CLUBBING BOTH THE SUITS IN O.S.NO.198/2008 AND 286/2011 AS PER ANENXURE-L. GRANT AN INTERIM ORDER TO STAY THE OPERATION AND FURTHER PROCEEDINGS PURSUANT TO THE ORDER DATED 29.11.2018 PASSED IN O.S.NO.198/2008 ON THE FILE OF THE CIVIL JUDGE AT HOLENARASIPURA AS PER ANNEXURE-L.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:29398 WP No.148 of 2019
ORDER
Learned counsel for the petitioner has filed a memo
which reads as under:
It is respectfully submitted that this writ petition is directed against the order passed on IA No.15 in O.S. No.198/2008 on the file of Hon'ble Civil Judge, Holenarasipura. However, the said suit has been disposed of as settled. In view of the same this writ petition does not survive, and it is prayed that this Hon'ble Court may be pleased to dismiss the writ petition as infructuous in the interest of justice and equity.
The aforesaid memo is placed on record.
The writ petition is dismissed as having become
infructuous.
Sd/JUDGE
RV
1 issue framed by the court
Whether the writ petition challenging an order in O.S. No. 198/2008 survives given that the suit has been disposed of as settled?
SRI. CHANDREGOWDA S/O LATE VENKATEGOWDA
SMT. SHARADA W/O LATE YALAKKIGOWDA
TEJASWINI D/O LATE YALAKKIGOWDA
SRI. PUTTE GOWDA S/O CHANDRE VENKATEGOWDA
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
