Writ petition against an order in a miscellaneous appeal became infructuous because the underlying suit itself was dismissed. On the petitioner's memo, the court took the memo on file and dismissed the writ petition as infructuous, disposing of pending interlocutory applications.
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NC: 2024:KHC:20334 WP No. 3016 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3016 OF 2018 (GM-CPC)
BETWEEN:
SRI T.KRISHNA S/O LATE. THANGAPPA, AGED ABOUT 49 YEARS, MECHANIC, R/O UPPALLI, NEAR JOY COFFEE CURING, INDAVARA POST, CHIKMAGALUR TALUK-577 502
…PETITIONER
(BY SRI. A.MADHUSUDHANA RAO, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SMT.RENUKA W/O SRI T.KRISHNA, AGED ABOUT 46 YEARS, R/O ISHWARYA TEXTILES, OPP BUS STAND, ALDUR, CHIKKAMAGALURU DISTRICT.
(BY SRI. SHOWRI H.R., ADVOCATE)
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.10.2017 PASSSED IN MA NO.30/2016 ON IA NO.1 PASSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE AT CHIKKAMAGALURU FOUND AT ANNEXURE-G.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A memo is filed by the learned counsel for the petitioner stating that the suit in O.S.No.302/2016 itself is dismissed on 08.01.2024 and the present writ petition does not survive for consideration and the same may be dismissed as having become infructuous.
Memo is taken on file.
Accordingly, the writ petition is dismissed as
infructuous. Pending I.A.s, if any, shall stand disposed off.
SD/JUDGE
MEG List No.: 1 Sl No.: 15
1 provisions across 1 enactments
Sri T.Krishna
Smt.Renuka
Lalitha Kanneganti
As recorded by the court registry
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