In C/W writ petitions filed under Articles 226 and 227 of the Constitution to quash auction proceedings and a notice, the High Court of Karnataka dismissed the petitions as infructuous because the impugned orders relied on a suit later dismissed by the Court.
The writ petitions were dismissed as infructuous.
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.
WP No. 35841 of 2015 C/W WP No. 43634 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 35841 OF 2015 (GM-RES)
C/W
WRIT PETITION NO. 43634 OF 2015(GM-RES)
IN WP NO.35841/2015
BETWEEN:
…PETITIONER
(BY MISS SWATHI NAIK, ADVOCATE FOR SRI. PRASANNA B R.,ADVOCATE)
Digitally signed by NIRMALADEVI Location: HIGH COURT OF KARNATAKA
AND:
WP No. 35841 of 2015 C/W WP No. 43634 of 2015
KOPPALU VILLAGE BILIGULI HAMLET DUDDA HOBLI MANDYA TALUK & DISTRICT PIN 571 403
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION PROCEEDINGS DATED 25.7.2015 CONDUCTED BY THE R-2 VIDE ANN-E AND ETC.
IN WP NO.43634/2015
BETWEEN:
…PETITIONER
(BY MISS SWATHI NAIK, ADVOCATE FOR SRI. PRASANNA B R.,ADVOCATE)
AND:
WP No. 35841 of 2015 C/W WP No. 43634 of 2015
BILIGULI HAMLET, DUDDA HOBLI,
MANDYA TALUK & DISTRICT-571403
…RESPONDENTS
(BY SRI. D S SHIVANAND, AGA FOR R1 & R2 SRI KIRAN KUMAR, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 19.9.2015 ISSUED BY THE R-2 VIDE ANN-H AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned Counsel for the Petitioner has filed a Memo
dated 26.5.2023, which reads as follows:
"The petitioners submit that the impugned orders are passed by referring the Interim order in O.S. No.197/2000 on the file of Principal Civil Judge Senior Division and CJM Mandya. The said suit came to be dismissed on 28.02.2007, which has been confirmed as per judgement and decree passed by this Hon'ble High Court in the RSA No.1571/2010, dated 27/09/2022. Therefore, the above Writ Petitions are not survival for consideration, are may kindly be dismissed in the interest of justice and equity."
In view of the aforementioned, the above Writ Petitions
are dismissed as infructuous.
SD/JUDGE
ND List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the writ petitions survive for consideration after the impugned orders were passed referring an order in a suit that was subsequently dismissed by the High Court.
1 provisions across 1 enactments
Sri Kariyappa @ Karigowda
State of Karnataka
The Tahsildar Mandya Taluk
Sri Shankaregowda
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
