Writ petition challenging an order on an amendment application in final decree proceedings was disposed of as infructuous after the underlying FDP was settled out of court.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11443 OF 2021 (GM-CPC)
BETWEEN:
SMT. SHANTAMMA D/O LATE CHAMEGOWDA AGED ABOUT 74 YEARS, CHIKKEGOWDANADODDI VILLAGE KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT-571401.
…PETITIONER
(BY SRI. HEGDE V S., ADVOCATE)
AND:
Digitally signed by JUANITA THEJESWINI
Location: HIGH COURT OF KARNATAKA
S/O LATE CHAMEGOWDA @ RAJU, AGED ABOUT 35 YEARS, ALL ARE R/AT CHIKKEGOWDANA DODDI VILLAGE, KASABA HOBLI, MANDYA TALUK,
NC: 2024:KHC:34020 WP No. 11443 of 2021
MANDYA DISTRICT-571401.
…RESPONDENTS
(BY SRI. SANATH KUMARA K M., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.07.12.2019 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MANDYA ON IA UNDER ORDER VI RULE 17 OF CPC IN FDP NO.16/2017 AS PER ANNEXURE-A AND CONSEQUENTIALLY ALLOW THE ABOVE SAID APPLICATION AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel for the petitioner submits that the final decree proceedings from out of which the present writ petition arises viz., FDP No.16/2017 has been settled out of Court on 30.06.2023 and therefore, the prayer made in
the petition has become infructuous
NC: 2024:KHC:34020 WP No. 11443 of 2021
for the reasons stated above.
Sd/(R DEVDAS) JUDGE
JT/CT:JL
2 provisions across 2 enactments
SMT. SHANTAMMA D/O LATE CHAMEGOWDA
SMT. LAKSHMAMMA W/O LATE CHAMEGOWDA @ RAJU
ARUNA D/O LATE CHAMEGOWDA @ RAJU
MADHU S/O LATE CHAMEGOWDA @ RAJU
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
