Petitioners filed this writ petition under Article 226 of the Constitution of India. Counsel submitted that the underlying suit was dismissed by the trial court, rendering the writ petition infructuous. Accordingly, the High Court dismissed the petition.
The writ petition was dismissed as becoming infructuous due to the dismissal of the underlying suit.
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 4TH DAY OF JANUARY, 2023
BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.49676 OF 2016 (GM-CPC)
BETWEEN:
1(A) SRI SHIVARAMU S/O LATE C.KULLAIAH AGED ABOUT 75 YEARS DOOR NO.75/10 3RD CROSS MARAMMANAGUDI ROAD KEMPEGOWDANAGARA (GAVIPURAGUTTAHALLI) BENGALURU-560 019
NOW R/AT NO.91 2ND MAIN ROAD, EAST KATHRIGUPPA 4TH PHASE, BSK 3RD STAGE BENGALURU-560 085
S/O LATE C.KULLAIAH AGED ABOUT 69 YEARS R/AT BYRAVESHWARA NILAYA 1ST CROSS, BDA LAYOUT 6TH MAIN, 50 FEET ROAD AVALAHALLI BENGALURU-560 019
2
MARAMMANAGUDI ROAD KEMPEGOWDANAGAR (GAVIPURAMGUTTAHALLI) BENGALURU-560 019 NOW R/AT NO.9 13TH MAIN, BSK 1ST STAGE 1ST BLOCK, SRINAGARA BENGALURU-560 050
1(D) SMT. K RADHA D/O LATE C KULLAIAH AGED ABOUT 60 YEARS DOOR NO.75/10 3RD CROSS, MARAMMANAGUDI ROAD KEMPEGOWDANAGARA (GAVIPURAMGUTTAHALLI) BENGALURU-560 019 NOW R/AT NO.16 2nd CROSS, 1ST MAIN 1ST STAGE, KHB COLONY BASAVESHWARANAGARA BENGALURU-560 019
... PETITIONERS
(BY SRI NARENDRA B.V.GOWDA, ADVOCATE)
AND:
1. SRI PUTTALINGAIAH S/O KULLAIAH AGED ABOUT 74 YEARS
3
AGED ABOUT 66 YEARS R/AT HOMBALEGOWDANADODDI VILLAGE KOPPA HOBLI MADDUR TALUK-560 087
... RESPONDENTS (NOTICE ARE SERVED TO R-1 TO R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO STAY THE FURTHER PROCEEDINGS IN OS NO.15/2000 ON THE FILE OF THE PRL.CIVIL JUDGE & JMFC, MADDUR, PURSUANT TO ITS ORDER DATED 10.08.2016, VIDE ANNEXURE-C & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
Learned counsel for petitioners files a memo dated
04.01.2023 stating that the suit before trial Court came to be dismissed. Hence, this writ petition do not survive for consideration.
dismissed as having become infructuous
Sd/JUDGE
VK
1 issue framed by the court
Whether the writ petition survives for consideration after the underlying suit was dismissed.
1 provisions across 1 enactments
C. Kullaiah S/o Chikkasidegowda since dead by LRS
Sri Shivaramu S/o Late C. Kullaiah
Sri K Siddaramu
Smt. K. Usha D/o Late C. Kullaiah
Smt. K Radha D/o Late C. Kullaiah
Sri Puttalingaiah S/o Kullaiah
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
