Petitioners challenged a trial court order on an interlocutory application in O.S. No. 2781/2018 via writ under Articles 226 and 227. The suit was withdrawn as not pressed and dismissed as withdrawn; the writ petition was dismissed as infructuous.
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:6766 WP No. 4170 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO 4170 OF 2021 (GM-CPC)
BETWEEN:
1 SRI RAMAPPA AGED ABOUT 56 YEARS S/O LATE HANUMAPPA @ MUNI HANUMAIAH NO 606 6TH CROSS BASAVALINGAPPA NAGARA BILEKAHALLI LAYOUT BEGUR HOBLI BANNERGHATTA ROAD BENGLAURU - 560 078
Digitally signed by PAVITHRA N Location: high court of karnataka
2 SRI KARAGAPPA AGED ABOUT 62 YEARS S/O LATE HANUMAPPA @ MUNI HANUMAIAH NO 606 6TH CROSS BASAVALINGAPPA NAGARA BILEKAHALLI LAYOUT BEGUR HOBLI BANNERGHATTA ROAD BENGLURU - 560 078
3 SMT RENUKA AGED ABOUT 30 YEARS D/O LATE MUNIYAPPA NO 606 6TH CROSS BASAVALINGAPPA NAGARA BILEKAHALLI LAYOUT BEGUR HOBLI BANNERGHATTA ROAD BENGLURU - 560 078
NO 606 6TH CROSS BASAVALINGAPPA NAGARA BILEKAHALLI LAYOUT BEGUR HOBLI BANNERGHATTA ROAD BENGLURU - 560 078
5 SRI MUNIRAJU AGED ABOUT 23 YEARS S/O MUNIYAPPA NO 606 6TH CROSS BASAVALINGAPPA NAGARA BILEKAHALLI LAYOUT BEGUR HOBLI BANNERGHATTA ROAD BENGLURU - 560 078
…PETITIONERS
(BY SRI V B SHIVA KUMAR., ADVOCATE-ABSENT)
AND:
SRI .B.V. SAMPATH SINCE DECEASED BY HIS LEGAL REPRESENTATIVES
SMT KANTHAMMA 1 AGED ABOUT 68 YEARS W/O LATE B V SAMPATH NO 16 28TH CROSS GEETHA COLONY 4TH BLOCK JAYANAGAR BENGALURU - 560 011
4TH BLOCK JAYANAGAR BENGLAURU - 560 011
SMT BMRENUKA DEVI SINCE DEAD
9 SMT B M SHOBHA AGED ABOUT 35 YEARS D/O M MUNIVEERAPPA NO 239 2ND CROSS BILEKAHALLI WARD NO 24 BANNERGHATTA ROAD BENGLAURU - 560 076
SMT B M KAVITHA SINCE DEAD
12 SRI M B VENKATESH @ VENKATAPATHI AGED ABOUT 27 YEARS S/O M MUNIVEERAPPA NO 239 2ND CROSS BILEKAHALLI WARD NO 24 BANNERGHATTA ROAD BENGLAURU - 560 076
…RESPONDENTS
(BY SRI. K VARAPRASAD., ADVOCATE FOR R7 TO R12;
R1 TO R6 H/S V/O DATED: 08.02.2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 13.11.2020, PASSED IN O.S.NO. 2781/2018, CCH.33, BY HONBLE XXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU, ON I.A.NO.9 VIDE ANNX-A AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B-GROUP THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for respondent Nos.7 to 12 submits
that the suit before the trial Court is already withdrawn as not pressed by the plaintiff and that he has filed a memo dated 12.02.2024 in that regard.
Submission and memo are placed on record.
The case dairy status of the Trial court discloses that the
suit is already dismissed as withdrawn.
Hence, the writ petition does not survive for consideration.
Accordingly, the petition is dismissed as having become infructuous.
SdJUDGE
SPV
List No: 1 Sl No: 14
Sri Ramappa
Sri Karagappa
Smt Renuka
Smt Shilpa
Sri Muniraju
B.V. Sampath (since deceased, by legal representatives)
M G Uma
As recorded by the court registry
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