Dismissed¶31

Sri L Sreenivasaiah v. Roopa

Karnataka HC1 Sept 2025WP/7567/2022

Case brief

AI extract

What is this about?

Withdrawal of writ petition by counsel's memo; Article 227 certiorari challenge; order on IA No.III under Order XXIII Rule 1 CPC; liberty clause; O.S. No.245/2016, Principal Civil Judge, Bangalore Rural District; GM-CPC; Karnataka High Court 2025; Dr. Justice K.Manmadha Rao; dismissed as withdrawn; subject matter settled; petition infructuous; no adjudication on merits.

What did the court decide?

In view of the petitioners' memo dated 14.10.2024 recording that the subject matter had been settled and the writ petition had become infructuous, the memo was taken on record and the writ petition was dismissed as withdrawn; the challenge to the order on IA No.III was not adjudicated on merits. ¶31

Sri L Sreenivasaiah Vs Roopa — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:34239 WP No. 7567 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 7567 OF 2022 (GM-CPC)

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BETWEEN:

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SRI L SREENIVASAIAH, S/O LAKSHMAIAH, AGED ABOUT 69 YEARS, RESIDING AT: GULAKAMALE VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 082.

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SMT BHAGYAMMA, W/O L SREENIVASAIAH, AGED ABOUT 61 YEARS, RESIDING AT GULAKAMALE VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 082.

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…PETITIONERS

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Digitally signed by KAVYA R Location: High Court of Karnataka

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(BY SRI. JAGADEESHACHARI., ADVOCATE)

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AND:

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ROOPA, W/O SHYAMASUNDAR, AGED ABOUT 37 YEARS, NO. 27/1, TAGACHAGUPPE VILLAGE, KUMBALAGODU POST, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 074.

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SRI KANTHA RAJU, S/O BOMMALINGEGOWDA,

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2 - NC: 2025:KHC:34239 WP No. 7567 of 2022

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HC-KAR

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AGED ABOUT 42 YEARS, NO.33, PANCHALINGESHWARA NILAYA, 5TH MAIN ROAD, 4TH CROSS, SRINIDHI LAYOUT, 7TH PHASE, J P NAGAR, BENGALURU - 560 078.

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…RESPONDENTS

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(BY SRI.M.B.CHANDRA CHOODA., ADVOCATE FOR R-2)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS.NO.245/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, PERUSE THE SAME AND QUASH THE ORDER PASSED ON IA NO.III UNDER ORDER XXIII RULE 1 OF CIVIL PROCEDURE CODE AS PER ANNEXURE-H DATED 19.03.2022 BY WAY OF WRIT OF CERTIORARI IN SO FAR AS LIBERTY IS CONCERNED.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL ORDER

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Learned counsel for the petitioners has filed a memo on 14.10.2024 for withdrawal. The memo reads as under:

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"In the above case, subject matter has been settled, due to settle, the writ petition become infructuous, hence prayed to dismissal of W.P.No.7567/202, in the interest of justice and equity."

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