Dismissed¶31

Joseph v. B.P. Raju

Karnataka HC27 Nov 2025WP/7746/2023

Case brief

AI extract

What is this about?

Karnataka HC, 27.11.2025 (NC: 2025:KHC:49313), S Vishwajith Shetty J.: WP No. 7746 of 2023 (GM-CPC) under Article 227 challenging order dtd 07.03.2023 in MA 70/2022 (Prl. Senior Civil Judge & CJM, Hassan, Annx-G) dismissed as infructuous because underlying suit O.S.No.357/2022 was dismissed for non-prosecution on 15.10.2025 and not restored to file; pending application disposed of; petitioner unrepresented; memo dtd 20.11.2025 with trial court order sheet taken on record.

What did the court decide?

Since the suit itself (O.S.No.357/2022) has been dismissed before the Trial Court and has not been restored to file, this Writ Petition does not survive for consideration and is dismissed as infructuous. ¶31

Joseph Vs B.P. Raju — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:49313 WP No. 7746 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7746 OF 2023 (GM-CPC)

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BETWEEN:

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JOSEPH S/O LATE INASAPPA, AGED ABOUT 72 YEARS, ARICULTURIST, R/O MAGGE VILLAGE AND PO, K.HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT-573 129.

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…PETITIONER

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(BY SRI. SHIVARAMU H C., ADVOCATE)

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AND:

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B.P. RAJU, S/O PAUL, AGED ABOUT 63 YEARS, BAGE VILLAGE AND POST, SAKALESHPURA TALUK, HASSAN DISTRICT-573 214.

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Digitally signed by C HONNUR SAB

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Location: HIGH COURT OF KARNATAKA

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SRIKANTH, AGED ABOUT 40 YEARS, BASAVESHWARA NILAYA, PWD COLONY, HASSAN-573 201.

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…RESPONDENTS

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(BY SRI. N. KRISHNAMURTHY., ADVOCATE FOR C/R1, R2-SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 07.03.2023 PASSED IN MA 70/2022 ON THE FILE OF THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, HASSAN

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2 - NC: 2025:KHC:49313 WP No. 7746 of 2023

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HC-KAR

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MARKED AS ANNX-G BY ISSUING THE WRIT IN THE NATURE OF CERTIORARI AND GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER DTD 07.03.2023 PASSED IN MA 70/2022 ON THE FILE OF THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM HASSAN MARKED AS ANNX-G.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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There is no representation on behalf of the petitioner.

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