✦ Karnataka High Court

SHANTHAMMA v. RESIDENTS OF MADADKERE VILLAGE

Writ Petition No. 20938 of 2023R NATARA2 min read

Case at a glance

Bench
R NATARA
Neutral citation
2024:KHC:41431

Outcome

Dismissed

In view of the above, this writ petition is dismissed

Judgment

(BY SRI. PRAVEEN KUMAR RAIKOTE.,ADVOCATE) …PETITIONERS AND:

1.

YASHODAMMA W/O MAHALINGAPPA AGED ABOUT 52 YEARS

2.

MAHALINGAPPA DEAD BY HIS LR'S PRAKASHA S/O MHALINGAPPA AGED ABOUT35 YEARS AGRICULTURIST

3.

PRADEEPA S/O MAHALINGAPPA AGED ABOUT 30 YEARS AGRICULTURIST

4.

VATSALA D/O MHALINGAPPA AGED ABOUT 28 YEARS HOUSE HOLD WORK R1 TO R4 ARE R/O MADADKERE VILLAGE - 3 - NC: 2024:KHC:41431 WP No. 20938 of 2023 MADADAKERE HOBLI HOSADURGA TALUK-577526.

5.

YALIYAPPA S/O MADDAPPA AGED ABOUT 55 YEARS

6.

SHIVANNA S/O MUDDAPPA AGED ABOUT 50 YEARS AGRICULTURIST R5 AND R6 ARE R/O MADADKERE VILLAGE MADADAKERE HOBLI HOSADURGA TALUK-577526. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS QUASH THE IMPUGNED ORDER AT ANNEXURE E DATED 26/08/2023 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC HOSADURGA IN OS NO. 89/2014 AND GRANT AN INTERIM ORDER TO STAY THE IMPUGNED ORDER AT ANNEXURE E DATED 26/08/2023 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC HOSADURGA IN OS NO. 89/2014. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER Learned counsel for the petitioners submits that the suit from which the present writ petition arises, was itself disposed off. He, therefore, submits that this writ petition has become infructuous. He, however, prays liberty be reserved to the - 4 - NC: 2024:KHC:41431 WP No. 20938 of 2023 petitioners to challenge the order rejecting the Commissioner's report in an appeal that may be filed if an unfavourable judgment is passed in the suit.

Operative part

2. In view of the above, this writ petition is dismissed as having become infructuous.

3. It is needless to mention that the petitioners are always entitled to challenge the order impugned in this writ petition in an appeal that may be filed against the judgment and decree that may be passed in the suit. Sd/- (R. NATARAJ) JUDGE THM List No.: 1 Sl No.: 43

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: In view of the above, this writ petition is dismissed

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908; Constitution of India — art. 227.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Karnataka High Court or eCourts case status (search case no. Writ Petition No. 20938 of 2023). ← Search more judgments