In a preliminary hearing, counsel for the petitioner submitted that the relief sought did not survive for consideration. The high court accordingly dismissed the writ petition while keeping the parties' contentions open for future reference.
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 3RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 23632 OF 2022 (GM-CPC)
BETWEEN:
…PETITIONER
Digitally signed by VIJAYA P Location: High Court of Karnataka
(BY SRI. K S GANESHA, ADVOCATE)
AND:
S/O LATE SRI SHANTHAPPA, AGED ABOUT 53 YEARS, AGRICULTURIST, R/O FARM HOUSE, SITUATED IN SY. NO.97/8 OF DEVANOOR VILLAGE, SENABINAGONDHI, KOPPALU VILLAGE, DEVANOOR POST, SAKHARAYAPATNA HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT, PIN - 577 135.
WP No. 23632 of 2022
…RESPONDENTS
(BY SRI. PATEEL G S, ADVOCATE FOR R1, V/O/DT: 28.11.2022 NOTICE TO R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 19.11.2022 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC KADUR REJECTING THE IA FILED BY THE PETITIONER UNDER ORDER XLI RULE 5 (2) OF CPC IN OS.NO.148/2013-ANNEXURE-D TO THE WRIT PETITION.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 23632 of 2022
ORDER
Learned counsel for the petitioner submits that the
relief sought for does not survive for consideration.
In light of the submission made, petition is
dismissed. Contentions of the parties are kept open as is permissible under law.
Sd/JUDGE
VP
1 issue framed by the court
Whether the writ petition under Article 227 of the Constitution should be allowed to proceed despite the petitioner's counsel submitting that the relief does not survive.
3 provisions across 2 enactments
Sri Malleshappa
Sri Revanna
Sri S Basappa
Sri Nagaraja
S Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
