The Karnataka High Court disposed of a writ petition filed under Article 227 to quash an order in underlying civil proceedings on the ground that the original proceedings had already been disposed of, rendering the challenge insignificant.
Writ Petition disposed off; liberty reserved to avail remedies elsewhere; all contentions kept open.
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 10TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 24797 OF 2022 (LA-RES)
BETWEEN:
SRI. VENKATARAMANAPPA, S/O LATE MARIGAPPA, AGED ABOUT 63 YEARS, R/AT KSRTC STAFF VEHICLE POLL, CENTRAL OFFICE, K H ROAD, SHANTHINAGAR, BENGALURU – 560 027.
…PETITIONER
(BY SRI. RAVINDRANATH K.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
BOTH ARE RESIDING AT SOMPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK – 560 001.
SRI. VENKATARASAPPA @ PANCHAIAH DECEASED AND REP BY LRS
WP No. 24797 of 2022
BOTH 3 & 4 ARE R/AT GATTIGEREPALYA, SOMPURA DHAKALE, KENGERI HOBLI, BENGALURU SOUTH TALUK.
BOTH 5 & 6 ARE R/AT BADEKATTE VILLAGE, KAGGALIPURA POST, BENGALURU SOUTH TALUK.
NO.11 TO 14 ARE R/AT SOMPURA, KENGERI HOBLI, CHUDANAPURA POST, BENGALURU SOUTH TALUK -560 062.
WP No. 24797 of 2022
NO.16 TO 24 ARE R/AT GATTIGERE PALYA, SOMPURA, DHAKALE, KENGERI HOBLI, BENGALURU SOUTH TALUK – 560 062.
…RESPONDENTS
(BY SRI. .,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE II ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-17) IN LAC NO. 267/2022 DATED 23.05.2022 ON I.A. NO. 1 VIDE ANNEXURE - E. ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER- I RULE -10(2) OF CPC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 24797 of 2022
ORDER
The original proceedings from which the impugned order emanated having been disposed off, the challenge to the impugned order now pales into insignificance and therefore, the matter needs to be disposed off accordingly.
Ordered accordingly and Writ Petition is disposed off reserving liberty to the Petitioner to avail remedies elsewhere in accordance with law and in that connection, all contentions are kept open.
No costs.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the writ petition challenging an order in civil proceedings requires disposal when the underlying proceedings have been disposed of.
4 provisions across 3 enactments
SRI. VENKATARAMANAPPA, S/O LATE MARIGAPPA
SRI. ARASAPPA, S/O ERACHIKKAPPA
SRI. ERACHIKKAPPA
SMT. HANUMANRASAMMA, W/O VENKATARASAPPA
SRI. MAHADEVAPPA, S/O VENKATARASAPPA
SRI. A BASAVARAJU, S/O LATE ARASAPPA
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
