Disposed

Sri. Girish @ Gangadhar v. Sri. Thimmappa @ Thimmaiah

Karnataka HC8 Jun 2023WP/40751/2017

Case brief

AI extract

What is this about?

This court disposed of two writ petitions filed under Article 226 challenging interim orders in civil proceedings. The underlying original suit was dismissed by the Lok Adalat, rendering the challenged issues illusory.

What did the court decide?

The writ petitions were disposed of as the underlying suit was dismissed by the Lok Adalat, making the challenged issues non-survivable.

Sri. Girish @ Gangadhar Vs Sri. Thimmappa @… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:19616 WP No. 40751 of 2017 C/W WP No. 40752 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO.40751 OF 2017 (GM-CPC)

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C/W

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WRIT PETITION NO.40752 OF 2017 (GM-CPC)

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IN W.P.NO.40751/2017:

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BETWEEN:

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SRI. GIRISH @ GANGADHAR, AGED AOUT 30 YEARS, S/O LATE MALLAPPA,

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SMT. MUNIYAMMA, AGED ABOUT 62 YEARS, W/O LATE MALLAPPA,

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PETITIONERS NO.1 & 2 ARE R/AT YARTHIGANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.

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…PETITIONERS

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[BY SRI. AJAY KUMAR M., ADVOCATE FOR SRI. MURTHY K., ADVOCATE (PH)]

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Digitally signed by GURURAJ D Location: High Court of Karnataka

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AND:

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SRI. THIMMAPPA @ THIMMAIAH S/O THIRUMALAPPA, HINDU, AGED ABOUT 75 YEARS,

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SMT. EERAMMA, AGED ABOUT 65 YEARS, W/O LATE THIMMAPPA @ THIMMAIAH,

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RESPONDENTS NO.1 & 2 ARE R/AT YARTHIGANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.

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…RESPONDENTS

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[BY SRI. S. VENUGOPAL, ADVOCATE FOR R1 & R2 (PH)]

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NC: 2023:KHC:19616 WP No. 40751 of 2017 C/W WP No. 40752 of 2017

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE ANNEXURE-A THE ORDERS ON IA NO.8 DATED 05.07.2017 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL DISTRICT, IN F.D.P.NO.24/2013 AND ALLOW THE W.P. OR FURTHER PASS ANY APPROPRIATE ORDERS FOR ALLOWING THE APPLICATION UNDER SECTION 151 OF C.P.C AS PRAYED FOR IN THE COURT BELOW AND ETC.

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IN W.P.NO.40752/2017:

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BETWEEN:

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SRI. GIRISH @ GANGADHAR, AGED AOUT 30 YEARS, S/O LATE MALLAPPA,

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SMT. MUNIYAMMA, AGED ABOUT 62 YEARS, W/O LATE MALLAPPA,

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PETITIONERS NO.1 & 2 ARE R/AT YARTHIGANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.

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…PETITIONERS

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[BY SRI. AJAY KUMAR M., ADVOCATE FOR SRI. MURTHY K., ADVOCATE (PH)]

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AND:

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SRI. THIMMAPPA @ THIMMAIAH S/O THIRUMALAPPA, HINDU, AGED ABOUT 75 YEARS,

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SMT. EERAMMA, AGED ABOUT 65 YEARS, W/O LATE THIMMAPPA @ THIMMAIAH,

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RESPONDENTS NO.1 & 2 ARE R/AT YARTHIGANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.

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…RESPONDENTS

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[BY SRI. S. VENUGOPAL, ADVOCATE FOR R1 & R2 (PH)]

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE ANNEXURE-A THE ORDERS ON IA NO.IV DATED 27.04.2017 PASSED BY THE SENIOR

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NC: 2023:KHC:19616 WP No. 40751 of 2017 C/W WP No. 40752 of 2017

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CIVIL JUDGE AND JMFC, DEVANAHALLI, BENGALURU RURAL DISTRICT, IN F.D.P.NO.24/2013 AND ALLOW THE W.P. OR FURTHER PASS ANY APPROPRIATE ORDERS FOR ALLOWING THE APPLICATION UNDER SECTION 10 R/W SECTION 151 OF C.P.C AS PRAYED FOR IN THE COURT BELOW AND ETC.,

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Writ petition no.40751/2017 is filed challenging order dated 05.07.2017 passed by Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural District on I.A.no.VIII in FDP.no.24/2013, wherein application for clubbing Final Decree Proceedings no.24/2013 with O.S.no.516/2013 came to be rejected.

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Writ petition no.40752/2017 is filed challenging order dated 27.04.2017 passed by Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural District on I.A.no.IV in FDP.no.24/2013, rejecting application for staying further proceedings in FDP.no.24/2013, pending consideration of O.S.no.516/2013.

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Learned counsel for respondents produced copy of

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case status of O.S.no.516/2013 and submits that suit was dismissed as not pressed before Lok Adalat on 25.06.2022. In

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NC: 2023:KHC:19616 WP No. 40751 of 2017 C/W WP No. 40752 of 2017

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view of dismissal of O.S.no.516/2013, question of considering for clubbing application and stay of further proceedings would

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not survive for consideration.

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In view of extent position, writ petition would not survive for consideration and disposed of as such.

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Sd/JUDGE

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GRD

Sri. Girish @ Gangadhar v. Sri. Thimmappa @ Thimmaiah

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Sri. Girish @ Gangadhar v. Sri. Thimmappa @ Thimmaiah

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