Irappa S/O Late Basavanneppa Mallur vs Irappa S/O. Late Nagappa Mallur
2023 Latest Caselaw 8406 Kant

Karnataka High Court

Irappa S/O Late Basavanneppa Mallur vs Irappa S/O. Late Nagappa Mallur on 24 November, 2023

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                                                        NC: 2023:KHC-D:13780
                                                           WP No. 104624 of 2015
                                                       C/W WP No. 106530 of 2015



                               IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                          DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                             BEFORE

                          THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

                          WRIT PETITION NO. 104624 OF 2015 (GM-CPC)
                                             C/W
                          WRIT PETITION NO. 106530 OF 2015 (GM-CPC)

                   IN W.P. NO. 104624 OF 2015:

                   BETWEEN:

                   SHRI. IRAPPA S/O NAGAPPA MALLUR,
                   AGE: 75 YEARS, OCC. AGRICULTURE,
                   R/O. MADANBHAVI, TQ. BAILHONGAL,
                   DIST. BELAGAVI.
                                                                     ... PETITIONER
                   (BY SRI. SANTOSH B. RAWOOT AND
                    SRI. A.D. SHILLEDAR, ADVOCATES)

                   AND:

                   1.   SHRI. IRAPPA S/O BASAVANNEPPA MALLUR,
                        AGE: 56 YEARS, OCC. AGRICULTURE,
SHIVAKUMAR              R/O. MADANBHAVI, TQ. BAILHONGAL,
HIREMATH
                        DIST. BELAGAVI.
Digitally signed
by SHIVAKUMAR
HIREMATH
Date: 2023.12.01
                   2.   SHRI. BASWANTAPPA S/O BASAVANNEPPA MALLUR,
13:10:35 +0530
                        AGE: 53 YEARS, OCC. AGRICULTURE
                        R/O. MADANBHAVI, TQ. BAILHONGAL,
                        DIST. BELAGAVI.

                   3.   SHRI. SURESH S/O BASAVANNEPPA MALLUR,
                        AGE: 49 YEARS, OCC. AGRICULTURE,
                        R/O. MADANBHAVI, TQ. BAILHONGAL,
                        DIST. BELAGAVI.
                                                                  ... RESPONDENTS
                   (BY SRI. SANGRAM S. KULKARNI, ADVOCATE)

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
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                                     NC: 2023:KHC-D:13780
                                        WP No. 104624 of 2015
                                    C/W WP No. 106530 of 2015



CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED
10.02.2015 IN M.A.NO.5 OF 2014 PASSED BY THE COURT OF
SENIOR CIVIL JUDGE, BAILHONGAL PRODUCED AT ANNEXURE-A.

IN W.P. NO. 106530 OF 2015:

BETWEEN:

1.   SHRI. IRAPPA S/O LATE BASAVANNEPPA MALLUR,
     AGE: 57 YEARS, OCC. AGRICULTURE,
     R/O. MADANBHAVI VILLAGE, TQ. BAILHONGAL,
     DIST. BELAGAVI.

2.   SHRI. BASWANTAPPA S/O LATE BASAVANNEPPA MALLUR,
     AGE: 54 YEARS, OCC. AGRICULTURE,
     R/O. MADANBHAVI VILLAGE, TQ. BAILHONGAL,
     DIST. BELAGAVI.

3.   SHRI. SURESH S/O LATE BASAVANNEPPA MALLUR,
     AGE: 57 YEARS, OCC. AGRICULTURE,
     R/O. MADANBHAVI VILLAGE, TQ. BAILHONGAL,
     DIST. BELAGAVI.
                                              ... PETITIONERS
(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)

AND:

SHRI. IRAPPA S/O LATE NAGAPPA MALLUR,
AGE: 75 YEARS, OCC. AGRICULTURE,
R/O. MADANBHAVI, TQ. BAILHONGAL,
DIST. BELAGAVI.

                                                ... RESPONDENT
(RESPONDENT SERVED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI AND MODIFY THE ORDER PASSED BY THE HON'BLE
SENIOR CIVIL JUDGE, BAILHONGAL DATED 10/02/2015 IN M.A.
NO.05/2014 VIDE ANNEXURE-E AS FAR AS REJECTING THE CLAIM
OF THE PETITIONERS RELATING TO THE SUIT SCHEDULE A
PROPERTIES ARE CONCERNED AND SETTING ASIDE THE ORDER
PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., BAILHONGAL
ON I.A.NO.1 IN O.S.NO.223/2014 DATED 05/11/2014 VIDE
ANNEXURE-D.
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                                            NC: 2023:KHC-D:13780
                                               WP No. 104624 of 2015
                                           C/W WP No. 106530 of 2015



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

                                 ORDER

Learned counsel for parties in both the petitions

jointly submit that the suit in O.S.No.223/2014 is

dismissed by judgment and decree dated 30.03.2022.

Submission is placed on record.

In view of the same, the writ petitions do not survive

for consideration. Accordingly, the petitions are dismissed

as having become infructuous.

Sd/-

JUDGE

NAA CT:BCK