Writ petition dismissed as having become infructuous after the underlying original suit was dismissed with costs. Court acted on a withdrawal memo filed by the party-in-person.
Writ petition dismissed as infructuous following the dismissal of the underlying original 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.
WP NO.7320 OF 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.7320 OF 2019 (GM-CPC)
BETWEEN:
D. VENKANAGOUDA S/O RUDRAGOUDA AGED ABOUT 76 YEARS OCC:SOCIAL SERVICE, R/O WARD NO.1, HARAPPANAHALLI, DAVANAGERE DISTRICT - 583 131.
…PETITIONER
(BY SRI. VENKANAGOUDA D., PARTY-IN-PERSON)
AND:
E. BHEEMAVVA W/O SAAMBAIAH AGED: MAJOR OCC: HOUSE HOLD, R/O HARAPANAHALLI, DAVANAGERE DISTRICT -583 131.
…RESPONDENT
(BY SRI. S.N. SAMEER & SRI. IJARI NAGARAJA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 27TH NOVEMBER, 2018 PASSED ON IA NO.7 IN ORIGINAL SUIT NO.96 OF 2008 ON THE FILE OF THE CIVIL JUDGE AND JMFC, HARAPANAHALLI VIDE ANNEXURE-A ON THE BASIS OF EXPLANATION SUBSTANTIATED BY ANNEXURE-E TO E6 & ANNEXURE-H AND OTHER EVIDENCES IN SUPPORT OF ANNEXURE-D; AND ETC.
WP NO.7320 OF 2019
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Sri. D. Venkanagouda D, Petitioner/Party-in-Person is
absent.
“ I, D. Venkanagouda / petitioner respectfully submitting that this petition has been filed to demolish the unauthorizedly heighten wall, which is belong to petitioner’s Daughter, as per report of chief officer, Harapanahalli / as per annexure-H. Chief Officer, Municipality gave notice to not to further construct and to demolish newly constructed wall as per Annexure E & E1.
OS No.96/2008, which is belongs to this writ petition is dismissed on 26.09.2022 with cost. Hence, this writ petition has become infructuous. Herewith enclosed judgment on OS No.96/2008.
On the above grounds, this petitioner’s prayer become waste & harmful problems will be increased to this petitioner in future.
Hence, please dispose this writ petition giving opportunity to file another application in OS No.122/2011 on same cause of action in the interest of justice and equity.”
WP NO.7320 OF 2019
SD/JUDGE
ARK
D. Venkanagouda
E. Bheemavva
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
