Dismissed¶35

Sri a G Gopalaiah v. Sri Thippekariyappa

Karnataka HC26 Mar 2026WP/8564/2022

Case brief

AI extract

What is this about?

Keywords: Article 227; writ petition dismissed as infructuous; memo by counsel; Order XXXIX Rules 1 and 2 CPC 1908; temporary injunction; ad interim relief; status quo order dated 21.04.2022; suit for permanent injunction dismissed 22.07.2025; M.A. No. 36/2017; O.S. No. 104/2017; I.A. No. 1; Madhugiri; GM-CPC; High Court of Karnataka; Vijaykumar A. Patil.

What did the court decide?

Taking on record the memo filed by learned counsel for the petitioners stating that the writ petition would not survive for consideration (the underlying suit having been dismissed on 22.07.2025), the Court dismissed the writ petition as having become infructuous. ¶35

Sri a G Gopalaiah Vs Sri Thippekariyappa — Writ and Judicial Review | Karnataka HC (2026)

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1 - NC: 2026:KHC:17167 WP No. 8564 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 26^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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WRIT PETITION NO. 8564 OF 2022 (GM-CPC)

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BETWEEN:

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SRI. A.G. GOPALAIAH, S/O GOVINDAPPA AGED ABOUT 46 YEARS,

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SRI. A.N. THIPPESWAMY S/O NARASAPPA AGED ABOUT 46 YEARS,

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BOTH RESIDING AT ANCHENAHALLI VILLAGE, MADHUGIRI TALUK - 572 132.

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…PETITIONERS

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(BY SRI. VIVEK S, ADVOCATE)

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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AND:

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SRI. THIPPEKARIYAPPA S/O LATE KAREGOPEGOWDA, AGED ABOUT 65 YEARS, R/O MARITHIMMANAHALLI VILLAGE, KASABA HOBLI, MADHUGIRI TALUK - 577 427.

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…RESPONDENT

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(BY SRI. HANUMESH H.N, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE

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NC: 2026:KHC:17167 WP No. 8564 of 2022

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HC-KAR

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THE ORDER DATED 16.12.2021 PASSED BY THE HONBLE ADDL. SENIOR CIVIL JUDGE AND JMFC MADHUGIRI IN M.A. NO.36/2017 ANNEXURE-F THEREBY SETTING ASIDE THE ORDER DATED 04.07.2017 PASSED IN IA NO.1 IN OS NO.104/2017 BY HONBLE PRL. CIVIL JUDE AND JMFC MADHUGIRI ANNEXURE-E AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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Learned counsel for the petitioners has filed a memo indicating that the writ petition would not survive for consideration.

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The memo is taken on record. The memo reads as under;

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"The instant petition has been filed by the Petitioners being aggrieved by the Impugned order dated 16.12.2021 passed by the Hon'ble Addl. Senior Civil Judge and JMFC, Madhugiri in M.A.No. 36/2017 setting aside the order passed on I.A. No.1 by the Hon'ble Principal Civil Judge and JMFC, Madhugiri in O.S.No. 104/2017; wherein the learned Trial Court after hearing the parties had rejected the I.A.No.1 filed by the Respondent under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908

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3 - NC: 2026:KHC:17167 WP No. 8564 of 2022

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HC-KAR

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consequently granting ad interim relief of Temporary Injunction. This Hon'ble Court by the order dated 21.04.2022 had directed both the parties to maintain Status Quo. The Hon'ble Addl. Civil Judge and JMFC, Madhugiri by the Judgment and Decree dated 22.07.2025 in O.S.No. 104/2017 has dismissed the suit for Permanent Injunction filed by the Respondent.

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Therefore, the Prayer sought for in the present writ petition does not survive for consideration and accordingly, petition may be disposed of."

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3. In view of the aforesaid memo, the writ petition is

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dismissed as having become infructuous .

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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List No.: 1 Sl No.: 31