A writ petition questioning an execution proceeding became infructuous when counsel reported the execution proceedings were closed; the court dismissed the petition as infructuous and closed pending interim applications, declining to issue any clarification to the court below.
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NC: 2024:KHC:24575 WP No. 4974 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4974 OF 2020 (GM-CPC)
BETWEEN:
MANGALORE SPECIAL ECONOMIC ZONE LIMITED (MSEZL) 3RD FLOOR, MUDA COMPLEX, URWA STORE, ASHOK NAGAR, MANGALORE-576 006 REPRSENTED HEREIN BY ITS CHIF OPERATING OFFICER MR.SURYANARAYANA
…PETITIONER
(BY MS.BHAVANA MENON, ADVOCATE FOR SRI. SUNDARA RAMAN M.V., ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
CHERIAN VARKEY CONSTRUCTION COMPANY 5TH FLOOR, ALPHA PLAZA, K.P.VALLON ROAD, KADAVATHARA, COCHIN-682 020. REPRESENTED HEREIN BY ITS DIRECTOR MR.REJI M. CHERIAN, G-95, PANAMPALLI NAGAR, KOCHI-682 036
…RESPONDENT (BY MS.SHAMITHA B., ADVOCATE FOR SRI.VIJAY KRISHNA BHAT M., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.02.2020 PASSED BY THE I ADDL. DISTRICT JUDGE, DAKSHINA KANNADA ON THE FILE OF THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA DISTRICT VIDE ANNEXURE-A AND CONSEQUENTLY
ALLOW INTERLOCUTORY APPLICATION NO.1 OF 2020 FILED IN EX.C NO.10 OF 2020 PENDING ON THE FILE OF THE I ADDL. DISTRICT JUDGE, DAKSHINA KANNADA, MANGALORE VIDE ANNEXURE-K AS PRAYED FOR.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits that the execution proceedings are closed. As this petition is filed questioning the execution proceedings, this writ petition has become infructuous.
NC: 2024:KHC:24575 WP No. 4974 of 2020
interim applications are closed, no further direction is required to be given to the Court below.
ORDER
infructuous.
Pending I.As., if any, shall stand closed.
SD/JUDGE
MEG List No.: 1 Sl No.: 10
MANGALORE SPECIAL ECONOMIC ZONE LIMITED (MSEZL)
CHERIAN VARKEY CONSTRUCTION COMPANY
LALITHA KANNEGANTI
As recorded by the court registry
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