Two writ petitions under Article 227 challenging orders in an appeal and execution petition arising from a partition suit. The court dismissed both petitions as infructuous after counsel submitted that the underlying Regular First Appeal had been disposed of.
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HC-KAR
NC: 2026:KHC:38342 WP No. 25124 of 2022 C/W WP No. 20576 of 2022
CNR: KAHC010584132022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 25124 OF 2022 (GM-CPC)
C/W
WRIT PETITION NO. 20576 OF 2022 (GM-CPC)
IN WP No. 25124/2022
BETWEEN:
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
HC-KAR
NC: 2026:KHC:38342 WP No. 25124 of 2022 C/W WP No. 20576 of 2022
CNR: KAHC010584132022
…PETITIONERS
(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
HC-KAR
NC: 2026:KHC:38342 WP No. 25124 of 2022 C/W WP No. 20576 of 2022
CNR: KAHC010584132022
…RESPONDENTS
(BY SRI. CHANDRAKANTH R. PATEL., ADVOCATE FOR R1 TO R4; R5 AND R6 ARE SERVED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS; SET ASIDE THE ORDER DATED 04.11.2022 MADE ON I.A NO.1/2022 IN RA NO.3/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI VIDE ANNX-D AND ALLOW THE SAID APPLICATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN WP NO. 20576/2022
BETWEEN:
HC-KAR
NC: 2026:KHC:38342 WP No. 25124 of 2022 C/W WP No. 20576 of 2022
CNR: KAHC010584132022
…PETITIONERS
(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
HC-KAR
NC: 2026:KHC:38342 WP No. 25124 of 2022 C/W WP No. 20576 of 2022
CNR: KAHC010584132022
…RESPONDENTS
(BY SRI.CHANDRAKANTH R. PATEL.,ADVOCATE FOR R1 TO R4)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 21.03.2022 MADE ON IA NO.2 IN EXECUTION PETITION NO.24/2021 ON THE FILE OF THE PRINCIPLE CIVIL JUDGE AND JMFC, BHADRAVATHI FOR EXECUTION OF DECREE PASSED IN O.S.NO.393/2009 VIDE ANNX-D AND ETC.,
HC-KAR
CNR: KAHC010584132022
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
Learned counsel for the respondents submits that
these writ petitions would not survive for consideration as the Regular First Appeal in R.A No.3/2021 is disposed of on 12.12.2023.
In view of the said submission, these writ petitions
are dismissed as having become infructuous.
Sd/(VIJAYKUMAR A. PATIL) JUDGE
VS List No.: 1 Sl No.: 42
Smt. Farida Bi
Sri. Syed Shaffi
Sri. Syed Mubarak
Sri. Syed Sajjid
Kum. Ashiya Banu
Sri. Syed Rahid
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
