Karnataka High Court
Sri.Basaveshwara Vidya Vardaka Sangha vs Sarvajanika Vachanalaya Mudhol on 20 December, 2021
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.116968/2019 (GM-CPC)
Between:
Shri Basaveshwara Vidya Vardaka Sangha,
Rep. by its President and Authorised Representative
of the Governing Council, Bagalkote-587101.
... Petitioner
(By Shri F.V. Patil, Advocate)
And:
1. Sarvajanika Vachanalaya, Mudhol,
Mudhol Taluk, Bagalkote District,
By its Alleged President (Trustee),
Shri Tammanna Parappa Budni,
R/o.: Chinchawad K.D., Tq.: Mudhol,
Dist.: Bagalkote-587101.
2. The State of Karnataka,
Rep. by Deputy Commissioner,
Bagalakote, Tq. & Dist.: Bagalkote-587101.
... Respondents
(By Shri Girish A.Yadawad, Advocate for R1;
Shri V.S. Kalasurmath, HCGP for R2)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India praying to issue writ in the nature of certiorari
to quash the impugned order dated 13.12.2019, passed by the
Court of the Addl. Civil Judge and JMFC, Mudhol in E.P.No.6/1994
vide Annexure-F.
This petition coming on for preliminary hearing B-Group, this
day, the Court made the following:
:2:
ORDER
Learned counsel for the respondents submits that pursuant to the impugned order, possession has in fact been delivered to the decree holder and this petition has therefore become academic.
Accordingly, the writ petition is dismissed. It is made clear that dismissal of this writ petition would not amount to prejudging any other proceedings pending in respect of the subject matter of the execution petition.
In view of the dismissal of the writ petition, I.A. No.1/2021 does not survive for consideration.
Sd/-
JUDGE Vnp*