Petitioners challenged rejection of their plaint amendment application in O.S.No.200/2015. After filing, counsel reported the suit itself stood dismissed, rendering the writ infructuous. The High Court dismissed the petition as infructuous and disposed of pending interlocutory applications.
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: 2024:KHC:25690 WP No. 304 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 304 OF 2019 (GM-CPC)
BETWEEN:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
MALENAHALLI, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT
SHIVAMOGGA DISTRICT-577 203
NC: 2024:KHC:25690 WP No. 304 of 2019
S/O LATE KHADER SHARIEF @ BABA JAN AGED ABOUT 25 YEARS R/O 3RD CROSS, TUNGANAGARA SHIVAMOGGA-577 201
AGED ABOUT 21 YEARS R/O 3RD CROSS, TUNGANAGARA SHIVAMOGGA-577 201
…PETITIONERS
(BY SRI. S.V.PRAKASH, ADVOCATE)
AND:
AGED ABOUT 51 YEARS R/O TIPPUNAGAR LEFT SIDE, 7TH CROSS 2ND LEFT CROSS SHIVAMOGGA-577 201
AGED ABOUT 51 YEARS R/O 4TH CROSS, BAPUJINAGARA SHIVAMOGGA-577 201
NC: 2024:KHC:25690 WP No. 304 of 2019
PRESENTLY R/A HOUSE NO.403/49 NEAR BYR HOSTEL S.S.HOSPITAL ROAD YAYANAGARA B BLOCK DAVANAGERE-577 004
…RESPONDENTS
(BY SRI.BASAVARAJ S.SAPPANNAVAR, ADVOCATE FOR R17 SRI.PRUTHVI WODEYAR, ADVOCATE FOR R16 V/O/D 4/6/2021, NOTICE TO R8, R9, R12, R19-R21 IS DISPENSED WITH
NC: 2024:KHC:25690 WP No. 304 of 2019
R2, R3, R4, R5, R7, R11, R14, R15, R16, R18 SERVED AND UNREPRESENTED
V/O/D 27/2/2023, NOTICE TO R13 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 04.12.2018 PASSED BY THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA REJECTING THE APPLICATION MADE BY THE PETITIONERS SEEKING AMENDMENT OF THE PLAINT IN TERMS OF ORDER VI RULE 17 OF CODE OF CIVIL PROCEDURE, 1908 IN O.S.NO.200/2015 PRODUCED AS PER ANNEXURE-M TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo stating that suit in O.S.No.200/2015 itself is dismissed by the court below. In view of the same, this Writ Petition has become infructuous. Memo is take on record.
Accordingly, the Writ Petition is dismissed as
infructuous.
Pending IA’s if any shall stand disposed of.
SD/JUDGE
TS
List No.: 1 Sl No.: 43
1 issue framed by the court
Whether the trial court's rejection of the petitioners' application to amend the plaint under Order VI Rule 17 CPC could be set aside under Article 227?
2 provisions across 2 enactments
Zeenathunnissa
Shahina Banu
Jabeena Banu
Nyamathulla Sharief
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
