SMT. SARITA GUPTA vs. BADAM BAI SETHIA

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WP/26823/2015HC KarnatakaKAHC01003080201527 October 2016Bench: B.VEERAPPA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the main suit had been dismissed on merits. Therefore, the relief sought in the writ petition no longer survived for consideration.

What were the facts?

The petitioners sought to quash an order on an interim application and direct the Income Tax Department to furnish certified copies of certain documents. The main suit was subsequently dismissed on merits.

What were the issues?

Whether the writ petition survived for consideration after the dismissal of the main suit. The procedural correctness of an interim application in a dismissed suit.

Which sections of the Income-tax Act were involved?

Section 151,Section 227

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF OCTOBER 2016

BEFORE

THE HON'BLE MR. JUSTICE B.VEERAPPA

WRIT PETITION No.26823 OF 2015(GM-CPC)

BETWEEN :

1.

Smt.Sarita Gupta,

W/o.Uttam Gupta,

Aged about 31 years,

R/at No.22/1, 1 Floor,.

7th Main, 4th Cross,

Srirampuram,

Bangalore – 21.

2.

Veena Mutha,

W/o.Mamal Kishore Mutha,

Aged about 26 years,

R/o.Bhagwan Mahaveer

Jewellary, Ambur, Vellore

District, Tamil Nadu.

Since the second plaintiff is deceased, LRs. Of second plaintiff are brought on Record by guardian appointed by the Court the 1st plaintiff Smt.Sarita Gupta LR by 2nd plaintiff.

2(a) Master Divish,

Aged about 12 years,

S/o.Mr.Kamal Kishore Mutha.

2(b) Miss Dakshina,

Aged about 11 years,

D/o.Mr.Kamal Kishore Mutha.

2 Both LRs. Plaintiffs address is C/o.Sudarshan Mutha, No.2, Durgam Madearsa Street Ambur N.A.District Tamilnadu. And C/o.the guardian Represented by the court Guardian Smt.Sarita Gupta.

... Petitioners

(By Sri A.S.Gupta, Advocate)

AND:

1.

Badam Bai Sethia,

W/o.Late Hirachandji Sethia,

R/o.No.193/1 mudaliar compound,

11 main, Chamarajpet,

Bangalore – 18.

2.

Smt.Asha Devi Sethia,

W/o.Late Uttamchadji Sethia,

Aged about 47 years.

3.

Sri Surendra Kumar Sethia,

S/o.Uttamchandji Sethia,

Aged about 30 years.

4.

Rinkle Chawla,

D/o.Uttamchandji Sethia,

Aged about 24 years.

5.

Miss Bindu Sethia,

D/o.Uttamchandji Sethia,

Aged about 22 years.

6.

Miss Santosh Sethia @ Chamki,

D/o.Uttamchandji Sethia,

Aged about 20 years.

Nos. 2 to 6 are residents of

No.191/1 A.R.Compound Next to Syndicate Bank,

3 11nd Main Mysore Road, Chamarajpet, Bangalore – 18.

7.

Sri N.A.Nagaraja Shetty,

S/o.Late Sri N.Anjaneya Setty,

Aged about 58 years,

Residing at No.840/D,

‘E’ Main R.P.Road,

Girinagar 2nd Phase,

Bangalore – 560 085.

8.

Sri K.Gopinath Rao,

S/o.Late Sri K.Subba Rao,

Aged about 40 years,

Residing at NO.287/4 38th Cross,

8th Block, Jayangar,

Bangalore - 560 011. …Respondents

(By Sri Paras Jain, Advocate for R2: Sri K.V.Shyamna Prasada, Advocate for R7 and R8: R3, R4, R5 and R6 served)

This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed on I.A.No.31 filed under Order 16 Rule 6 read wit Section 151 of Civil Procedure Code on 13.3.2015 on the file of XXXVII Additional City Civil Judge, Bengaluru in O.S.No.5936/2002 and to allow the I.A.No.31 in O.S.No.5936/20102 vide Annexure-F on the file of XXVII Addl. City Civil Judge, Bengaluru and consequently pass an order of mandamus in form A command directing the Income Tax Department authorities to furnish certified copies of Annexure-A to the petitioner on payment of cost within a reasonable time, etc.

This writ petition, coming on for orders, this day, the Court made the following:

4 O R D E R

Learned counsel for the respondent No.2 files a memo stating that the impugned order passed by the Trial Court is against the interim application and the main suit itself was dismissed on merits on 06.10.2016. Therefore, the relief sought in the present writ petition does not survive for consideration.

2.

The memo is placed on record. Writ petition is dismissed as having become infructuous.

Sd/- JUDGE

Cm/-

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