The Karnataka High Court dismissed a writ petition under Article 226 seeking quashing of a common order passed in multiple miscellaneous appeals. The court held the petition infructuous as the underlying suit had been disposed of by the subordinate civil court.
Petition 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.
NC: 2023:KHC:29950 WP No. 52935 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 52935 OF 2018 (GM-CPC)
BETWEEN:
AGED ABOUT 41 YEARS S/O LATE GUDDADA MALLAPPA
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
AGED ABOUT 34 YEARS S/O LATE GUDDADA MALLAPPA
ALL ARE RESIDING AT HANUMANTHAPURA VILLAGE BHADRAVATHI TALUK SHIVAMOGGA-577418
…PETITIONERS
(BY SRI. SREEDHAR N G., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. MANMOHAN P N, ADVOCATE FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDER DTD 18.8.2018 [ANNEXURE-S] IN M.A.NO.5001/2016, 5002/2016 AND 5003/2016 PASSED BY THE HON'BLE IV ADDL., DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA DISTRICT, [SITTING AT BHADRAVATHI] AS ILLEGAL, UNJUST AND UNCONSTITUTIONAL AND CONSEQUENTIALLY BE PLEASED TO DISMISS THE MISCELLANEOUS APPEAL
IN M.A.NO.5001/2016, 5002/2016 AND 5003/2016 FILED BY THE RESPONDENTS HEREIN UNDER ORDER 43 RULE 1 OF CIVIL PROCEDURE CODE, BEFORE THE HON'BLE IV ADDL. DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA SITTING AT BHADRAVATHI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioners submits that with the disposal of the suit in O.S.No.31/2015 by the concerned civil Court on 28.02.2022, the petition is rendered infructuous and in fact, the learned counsel places on record a memo in this regard.
In the light of the afore, the petition stands dismissed as having become infructuous.
Sd/JUDGE
RB
1 issue framed by the court
Whether a writ petition for quashing of an impugned order becomes infructuous following disposal of the underlying suit.
SMT. MALLAMMA AND ORS.
SRI. H. V. SIDDAPPA AND ORS.
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
