Sri. D. Gopala vs The Deputy Commissioner
2022 Latest Caselaw 7475 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 25TH DAY OF MAY, 2022

                       BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

        WRIT PETITION NO.38474 OF 2018 (GM-CPC)

BETWEEN:

D.GOPALA
S/O LATE DORAIAH
AGED ABOUT 54 YEARS
AGRICULTURIST
CULTIVATING THE
SCHEDULE GOMALA LAND
R/O MUDDA HADADI VILLAGE
DAVANGERE TALUK AND DISTRICT

                                        ...PETITIONER

(BY SRI.REVANNA BELLARY, ADVOCATE)

AND

1.     THE DEPUTY COMMISSIONER
       DAVANGERE DISTRICT
       DAVANGERE - 577 001

2.     THE THASILDAR
       DAVANGERE TALUK
       DAVANGERE - 577001

3.     MUDA HADADI GRAM
       PANCHAYATH
       MUDA HADAI
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     REPRESENTED BY ITS
     A) PRESIDENT
     B) SECRETARY
     C) P.D.O

                                   .....RESPONDENTS

(BY SMT.ANITHA H.R., HCGP)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE IMPUGNED ORDERS ON I.A.NO.7 DATED 28.05.2018
IN O.S.NO.340/2012 ON THE FILE OF PRL. CIVIL JUDGE
COURT, DAVANGERE AND PRAYS FOR ALLOW I.A.NO.7
RECALLING P.W.1 TO TENDER FOR CROSS-EXAMINATION
FROM RESPONDENT SIDE IN O.S.NO.340/2012 OF PRL.
CIVIL JUDGE COURT, DAVANGERE THROUGHOUT COSTS;

     THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

The captioned writ petition arises out of the

O.S.No.340/2012 on the file of the Principal Civil

Judge Court, Davangere, which is already dismissed

by the judgment and decree dated 11.02.2020 and

therefore, the writ petition does not survive for

consideration.

2. Therefore, the writ petition is dismissed as

having become infructuous.

3. However, liberty is reserved to the petitioner

- plaintiff to urge all the grounds, which are urged in

the writ petition, in an appeal.

Sd/-

JUDGE

NBM