The Karnataka High Court dismissed the writ petition as infructuous. The respondent argued that the underlying civil suit had been settled and dismissed as not pressed, rendering the writ petition no longer viable.
Petition dismissed as infructuous.
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WP No. 29619 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.29619 OF 2018 (GM-CPC)
BETWEEN:
SRI D S GNANA MURTHY S/O SRI D A SURYANARAYANA AGED ABOUT 42 YEARS R/AT KUCHAPPAPET DODDABALLAPUR TOWN-561 203.
…PETITIONER
(BY SRI. V B SHIVA KUMAR, ADVOCATE)
AND:
DODDABALLAPUR TOWN - 561 203.
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
WP No. 29619 of 2018
1ST MAIN, M.C.LAYOUT VIJAYANAGAR, BENGALURU - 560 040. 5. SRI K MADHU S/O BUJJAIAH AGED ABOUT 32 YEARS, R/AT NO. 835, NMIG, 15TH BLOCK, 5TH PHASE, YELAHANKA NEW TOWN, BENGALURU - 560 064.
WP No. 29619 of 2018
ANANTHAPUR DISTRICT ANDHRA PRADESH.
WP No. 29619 of 2018
R/AT HOUSE NO.5, 4TH CROSS, DAYANANDA LAYOUT RAMAMURTHY NAGAR BENGALURU - 560 016.
BASHETTIHALLI DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT - 561 203.
WP No. 29619 of 2018
R/A NO.149, 13TH B MAIN GOKUL EXTENSION, MATHIKERE BENGALURU-560054.
MYSORE-570023.
WP No. 29619 of 2018
R/AT NO. 1831, SHANTHI NAGAR, BANGARPET TOWN, KOLAR DISTRICT-563114.
WP No. 29619 of 2018
S/O P.A.SHIVAKUMAR, AGED ABOUT 32 YEARS R/AT NO.35/1, 14TH CROSS, 6TH BLOCK, RAJAINAGAR, BENGALURU-560 010.
…RESPONDENTS
(BY SRI. S SUBRAHMANYA, ADVOCATE FOR R3; VIDE ORDER DATED 23.07.2018 R4 TO R51 IS DISPENSED WITH; VIDE ORDER DATED 17.09.2018 R1 & 2 HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE ORDER DATED 21ST JUNE, 2018 ON I.A.NO.VII IN O.S.NO.53 OF 2009 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT DODDABALLAPUR PRODUCED AT ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 29619 of 2018
O R D E R
Learned counsel for the petitioner is not present. Learned counsel for respondent No.3 filed a memo. Memo reads as under:
“ Memo of the respondent No.3
The above named respondent No.3 respectfully submits that, the OS No.53/2009 pending before the 1st Additional Senior Civil Judge, Doddaballapur was settled amicably between the parties on 19.07.2022 and the parties have filed a memo before the trial Court. The said suit was dismissed as not pressed. Therefore, respondent No.3 respectfully prays that this Hon’ble Court may be pleased to dismiss the writ petition having become infructuous, in the interest of justice and equity. ”
The contention of the learned counsel for the respondent is that the parties have amicably settled their dispute by filing memo dated 19th July, 2022 before the trial Court stating that the suit is dismissed as not pressed. Hence, the present petition would not survive for consideration. Accordingly, petition is dismissed as having become infructuous.
SD/JUDGE
LNN
1 issue framed by the court
Whether the writ petition should be dismissed as infructuous due to the settlement of the underlying suit.
1 provisions across 1 enactments
Sri D S Gnana Murthy
Sri D A Suryanarayana
Sri D S Varadaraju
Sri S N Ravi Kumar
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
