IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 PRESENT THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT APPEAL NO.256 OF 2019 (S-RES) BETWEEN:
THE HIGH COURT OF KARNATAKA BENGALURU-560 001 REPRESENTED BY ITS REGISTRAR GENERAL ... APPELLANT (BY SRI. RAJENDRA M.S, ADVOCATE FOR M/S HOLLA & HOLLA) AND:
1. SRI S.M. SHIVABEERAIAH S/O MADAIAH AGED ABOUT 35 YEARS FORMER CIVIL JUDGE AND JMFC SASALAPURA, SATHANURU HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562 126 2. THE STATE OF KARNATAKA THE DEPARTMENT OF LAW JUSTICE AND PARLIAMENTARY AFFAIRS VIDHANA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY ... RESPONDENTS (BY SRI. S.M. SHIVABEERAIAH, C/R1 – APPEARED IN PERSON; SRI. V, SREENIDHI, AGA FOR R2) ***** THIS APPEAL IS FILED UNDER SECTION 4 OF THE HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 23.01.2019 IN WP NO.2942/2019 (S-RES) PASSED IN THE SAID CASE AND GRANT SUCH OTHER AND FURTHER RELIEFS INCLUDING THE COSTS OF THIS APPEAL.
THIS APPEAL IS COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Respondent has filed a memo stating that Writ Appeal has become infructuous and would not survive for consideration as Writ Petition filed by him has been withdrawn. Hence, he sought for dismissal of the Writ Appeal as having been rendered infructuous.
2. Learned counsel for the appellant also submits that Writ Appeal has rendered infructuous.
3. Memo is perused.
4. Writ Appeal is dismissed as having been rendered infructuous in view of withdrawal of the Writ Petition by the respondent herein.
In view of dismissal of the Writ Appeal, I.A.No.1/2019 also stand dismissed.
Sd/- JUDGE Sd/- JUDGE Prs*