Petitioners challenged trial court orders rejecting plaint amendment and party-joinder applications in a pending suit. As the trial court had since dismissed the underlying suit, the writ petition was dismissed as infructuous, with contentions kept open for the appeal pending before this Court.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA.
WRIT PETITION NO. 19425 OF 2019 (GM-CPC)
BETWEEN:
Digitally signed by PAVITHRA N Location: high court of karnataka
SARJAPURA HOBLI
ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU - 560 011
…PETITIONERS
(BY SRI: SRINIVASA .K., ADVOCATE)
AND:
BOTH ARE R/AT DOMMASANDRA VILLAGE AND POST, SARJAPURA HOBLI ANEKAL TALUK, BENGALURU URBAN DISTRICT - 560 011.
RESPONDENT NO.6 TO 10 ARE R/AT DOMMASANDRA VILLAGE ANEKAL TALUK, BANGALORE DISTRICT
RESPONDENT NO.11 TO 16 ARE R/AT DOMMSANDRA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BANGALORE DISTRICT.
…RESPONDENTS
R2, 4, 5 - SERVED UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.03.2019, PASSED ON IA NO.22 UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF CPC AND CONSEQUENTLY SET ASIDE THE ORDER DATED 28.03.2019, ON IA NO.23, BY WAY OF COMMON ORDER, ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT ANEKAL AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
Learned counsel for the petitioners prays for time.
28.03.2019 passed in OS No.1255 of 2006 on the file of the learned Senior Civil Judge and JMFC, at Anekal, Bengaluru Rural District, rejecting IA.22 filed under Order VI Rule 17 of CPC and IA.23 filed under Order I Rule 10 of CPC.
NC: 2024:KHC:7510 WP No. 19425 of 2019
dismissed OS No.1255 of 2006 vide order dated 16.03.2020.
Hence, the writ petition has become infructuous.
Accordingly, the writ petition is dismissed as having rendered infructuous.
However, the contention of the parties raised in this writ petition is kept open to be urged in the appeal which is now pending before this Court.
Sd/JUDGE
*bgn/List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the writ petition challenging the trial court's rejection of amendment and joinder applications remained relevant after the suit itself was dismissed?
4 provisions across 2 enactments
Appaiah D.N.
Manjunath D.N.
Anantha Rama D.N.
Venkataswamy D.N.
Gullamma
Gowramma
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
