The High Court of Karnataka dismissed Writ Petition No.32795 of 2016 as withdrawn when the petitioner filed a memo stating the challenge had become infructuous due to the respondent society later entering appearance in the underlying trial.
Writ petition dismissed as withdrawn by the order dated 06.01.2023.
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 6TH DAY OF JANUARY, 2023 BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.32795 OF 2016 (GM-CPC)
BETWEEN:
SRI SHAIK ASLAM PASHA @ BABU S/O.LATE SHAIK MASTAN AGED ABOUT 55 YEARS R/AT NO.24, 34TH CROSS 10TH MAIN, YARABNAGAR BANASHANKARI II STAGE BENGALURU – 560 070
... PETITIONER
(BY SRI BASAVARAJU P., ADVOCATE)
AND :
THE JARAGANAHALLY HOUSE BLDG. CO-OPERATIVE SOCIETY LTD. AT NO.13/1, MUNISWAMY BUILDING ARMUGAM MUDALIAR ROAD KALASIPALYAM NEW EXTENSION BENGALURU – 560 002 REPRESENTED BY ITS SECRETARY
NEW ADDRESS:
THE JARAGANAHALLY HOUSE BLDG. CO-OPERATIVE SOCIETY LTD. (REGD.NO.ARBL 11/1599/69 DT.24/1/1969) NO.51, 2ND MAIN, EIDGHA ROAD JHBCS LAYOUT, KADIRENAHALLI BANASHANKARI 2ND STAGE J.P.NAGAR POST BENGALURU-560 078 ... RESPONDENT ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.04.2016 ON I.A.NO.11 IN OS.NO.3706/2010 PASSED BY VIII ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU VIDE ANNEXURE – A AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioner files a memo seeking withdrawal of the petition on the ground that the present petition has become infructuous. The memo dated 06.01.2023 reads as under:
“The Petitioner submits that, the present writ petition is filed challenging the order dated 21/04/2016 in O.S.No.3706/2010 passed by the Trial Court, subsequent to filing the present writ petition, on behalf of the Respondent Society, the Secretary had entered appearance and sought leave of the Trial Court to engage Counsel on behalf of the Respondent Society, in view of appearance of Secretary of the Respondent Society before the Trial Court and subsequent development, the present writ petition has become infructuous and the above writ
petition may be dismissed as withdrawn, in the interest of justice and equity.
Placing the said memo on record, petition is
dismissed as withdrawn.
Sd/JUDGE
LB
Sri Shaik Aslam Pasha @ Babu
The Jaraganahally House Bldg. Co-Operative Society Ltd.
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
