Mr.Sidda Reddy Venkata vs. Mr.K.N.Ramachandran
Held
The Court held that in view of the dismissal of the suit as withdrawn, the writ petition arising out of that suit would not survive for consideration. The reasoning is that the writ petition was filed to challenge an interim order concerning the suit. Once the suit itself has been withdrawn, the challenge to the interim order becomes infructuous. The ratio decidendi is that a proceeding ancillary to a suit cannot survive if the suit itself is withdrawn. The operative direction was to reject the writ petition as having become infructuous.
Facts
The petitioner, Mr. Sidda Reddy Venkata Raghunatha Reddy, filed a writ petition before the Karnataka High Court challenging an order passed by the Principal District Judge in O.S. No. 2/12 on IA No. 8 dated April 10, 2014. The order directed that the suit be transferred to the Court of the Civil Judge (Sr. Dn.), Chikkaballapur. In the transferee court, O.S. No. 2/12 was re-numbered as O.S. No. 113/2014. The respondents' counsel submitted a memo enclosing an order dated September 23, 2017, from O.S. No. 113/2014, indicating that the suit had been dismissed as withdrawn.
Key Issues
1. Whether the writ petition survives for consideration when the underlying suit has been dismissed as withdrawn? The petitioner's contention is not recorded as there was no representation for the petitioner. The respondents' contention, as presented by their counsel, is that the suit (O.S. No. 2/12, re-numbered as O.S. No. 113/2014) has been dismissed as withdrawn by an order dated September 23, 2017. Therefore, the writ petition, which arises out of the said suit, would not survive.
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2018 BEFORE THE HON' BLE MR. JUSTICE S.G. PANDIT WRIT PETITION No.52045/2014 (GM-CPC)
BETWEEN:
MR.SIDDA REDDY VENKATA, RAGHUNATHA REDDY, AGED ABOUT 65 YEARS, S/O MR.RAGHAVA REDDY, RESIDENT AT 8/2/693/A, 502, PENT HOUSE, SAI SARADA ENCLAVE, ROAD 12, BANJARA HILLS, HYDERABAD-500034. ... PETITIONER
(BY SRI RAVISHANKAR D R, ADV.-ABSENT)
AND:
MR.K.N.RAMACHANDRAN S/O LATE K.NARAYANASWAMY, AGED ABOUT 58 YEARS, RESIDENT OF ‘SASTHA KUDIL’, 4/163, GST ROAD, VANDALUR, CHENNAI-600048 TAMILNADU.
MR.R.RAJASEKARAN S/O K.N.RAMACHANDRAN, AGED ABOUT 29 YEARS, RESIDENT OF ‘SASTHA KUDIL’, 4/163, GST ROAD, VANDALUR, CHENNAI-600048 TAMILNADU.
2
M/S. MALTS SPIRITS INDIA PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT NO.7, IST FLOOR, WALTON ROAD, BANGALORE-560 001, PRESENTLY AT PLOT NO.20, CHIKKABALLAPURA INDUSTRIAL AREA, KANDAVARA VILLAGE, NANDI HOBLI, CHIKKABALLAPUR DISTRICT, REPRESENTED BY ITS DIRECTOR MR.MANOJ RUPANI.
MR.MANOJ RUPANI, S/O LATE BHAGWAN DAS RUPANI, AGE MAJOR, RESIDING AT 8-2
The judgment continues below.
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