Sri T R Yathiraj vs Sri T S Manjunatha
2022 Latest Caselaw 7825 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 31ST DAY OF MAY, 2022

                      BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

      WRIT PETITION NO.22881 OF 2016 (GM-CPC)

BETWEEN:

SRI.T.R.YATHIRAJ
S/O LATE T.C.REVANNA
AGED ABOUT 48 YEARS
EX-SERVICEMENN AND
NOW WORKING AT S.B.M
KOPPA
R/O PANCHAKALLAIAH STREET
TARIKERE TOWN - 577228
CHICKMAGALUR DISTRICT

                                      ...PETITIONER

(BY SRI.VASANTHA KUMAR K.M., ADVOCATE FOR
SRI.P.D.SUBRAMANYA, ADVOCATE)
AND
SRI.T.S.MANJUNATHA
S/O SIDDARAMAIAH
AGED ABOUT 55 YEARS
AGRICULTURIST
R/O PANCHAKALLAIAH STREET
TARIKERE TOWN - 577228
CHICKMAGALUR DISTRICT
                                    .....RESPONDENT
(BY SRI.G.S.BHAT, ADVOCATE)
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      THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS IN O.S.NO.3/2011 ON THE FILE OF ADDL.
CIVIL JUDGE AND JMFC, TARIKERE AND ETC.,


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:


                        ORDER

Learned counsel appearing for the petitioner -

plaintiff submits that the writ petition arises out of the

suit in O.S.No.3/2011, which is already dismissed by

the judgment and decree dated 06.08.2019 and

therefore, the writ petition does not survive for

consideration.

In view of the submission made by the learned

counsel appearing petitioner-plaintiff, the writ petition

is dismissed as having become infructuous.

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