D Venkanagouda vs E Bheemavva
2023 Latest Caselaw 668 Kant

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                                     WP NO.7320 OF 2019




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF JANUARY, 2023

                        BEFORE
   THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
       WRIT PETITION NO.7320 OF 2019 (GM-CPC)

BETWEEN:

D. VENKANAGOUDA
S/O RUDRAGOUDA
AGED ABOUT 76 YEARS
OCC:SOCIAL SERVICE,
R/O WARD NO.1,
HARAPPANAHALLI,
DAVANAGERE DISTRICT - 583 131.

                                             ...PETITIONER
(BY SRI. VENKANAGOUDA D., PARTY-IN-PERSON)

AND:

E. BHEEMAVVA
W/O SAAMBAIAH
AGED: MAJOR
OCC: HOUSE HOLD,
R/O HARAPANAHALLI,
DAVANAGERE DISTRICT -583 131.

                                          ...RESPONDENT
(BY SRI. S.N. SAMEER & SRI. IJARI NAGARAJA, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 27TH NOVEMBER, 2018 PASSED ON
IA NO.7 IN ORIGINAL SUIT NO.96 OF 2008 ON THE FILE OF
THE CIVIL JUDGE AND JMFC, HARAPANAHALLI VIDE
ANNEXURE-A     ON    THE   BASIS    OF   EXPLANATION
SUBSTANTIATED BY ANNEXURE-E TO E6 & ANNEXURE-H AND
OTHER EVIDENCES IN SUPPORT OF ANNEXURE-D; AND ETC.
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                                             WP NO.7320 OF 2019




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

                              ORDER

Sri. D. Venkanagouda D, Petitioner/Party-in-Person is

absent.

2. The Petitioner / Party-in-Person has filed Memo dated

13th December, 2022, seeking withdrawal of the writ petition,

which reads as under:

" I, D. Venkanagouda / petitioner respectfully submitting that this petition has been filed to demolish the unauthorizedly heighten wall, which is belong to petitioner's Daughter, as per report of chief officer, Harapanahalli / as per annexure-H. Chief Officer, Municipality gave notice to not to further construct and to demolish newly constructed wall as per Annexure E & E1.

OS No.96/2008, which is belongs to this writ petition is dismissed on 26.09.2022 with cost. Hence, this writ petition has become infructuous. Herewith enclosed judgment on OS No.96/2008.

On the above grounds, this petitioner's prayer become waste & harmful problems will be increased to this petitioner in future.

Hence, please dispose this writ petition giving opportunity to file another application in OS No.122/2011 on same cause of action in the interest of justice and equity."

WP NO.7320 OF 2019

3. The Petitioner/Party-in-Person in his memo submits

that the petition has become infructuous, and hence, he sought

for dismissal of the writ petition on the grounds urged in the

memo.

4. Writ petition is accordingly dismissed as having

become infructuous in terms of the memo.

SD/-

JUDGE

ARK