Case Note & Summary
The appellant, Floriana Estate Apartment Owners Welfare Association, filed an intra court appeal under Section 4 of the Karnataka High Court Act, 1961, against an order dated 10.01.2018 passed by a learned Single Judge in WP 24071/2017. The appeal concerned a retention wall that was to be constructed by the builder, M/s Kolte Patil Developers Limited. During the pendency of the appeal, it was not disputed that the retention wall had already been constructed by the builder. Consequently, the court found that nothing survived for adjudication in the appeal. The court disposed of the appeal in terms of the liberty granted by the learned Single Judge, effectively rendering the appeal infructuous. The judgment was delivered by a division bench comprising Justice Alok Aradhe and Justice Nataraj Rangaswamy on 16 March 2021.
Headnote
A) Civil Procedure - Intra Court Appeal - Disposal as Infructuous - Section 4 of the Karnataka High Court Act, 1961 - The appellant challenged an order dated 10.01.2018 in WP 24071/2017. During pendency of the appeal, the retention wall was already constructed by the builder. The court held that nothing survives for adjudication and disposed of the appeal in terms of the liberty granted by the learned Single Judge (Paras 1-3).
Issue of Consideration
Whether the appeal survives for adjudication after the retention wall has already been constructed by the builder.
Final Decision
The appeal is disposed of as nothing survives for adjudication, in terms of the liberty granted by the learned Single Judge.
Law Points
- Intra court appeal
- Section 4 of the Karnataka High Court Act
- 1961
- disposal as infructuous
- retention wall construction
Case Details
2021 LawText (KAR) (03) 23
W.A. NO.769 OF 2018 (LB-BMP)
Justice Alok Aradhe, Justice Nataraj Rangaswamy
Mr. Nataraj Ballal for appellant; Mr. K. Krishna for R1; Mr. K.N. Puttegowda for R2-R4; Mr. G.L. Vishwanath for R5; Mr. Ashok Haranahalli, Sr. Counsel a/w Mr. Vinayaka B for R5
Floriana Estate Apartment Owners Welfare Association
The Commissioner, Bengaluru Development Authority; The Commissioner, BBMP; The Joint Director of Town Planning-South; The Assistant Director of Town Planning; M/s Kolte Patil Developers Limited
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Nature of Litigation
Intra court appeal against order of Single Judge in writ petition concerning construction of retention wall by builder.
Remedy Sought
Appellant sought to set aside order dated 10.01.2018 in WP 24071/2017 and allow the writ petition.
Filing Reason
Challenge to order of Single Judge regarding retention wall construction.
Previous Decisions
Order dated 10.01.2018 passed by learned Single Judge in WP 24071/2017.
Issues
Whether the appeal survives for adjudication after the retention wall has already been constructed by the builder.
Ratio Decidendi
When the subject matter of the appeal (construction of retention wall) has already been executed, the appeal becomes infructuous and is disposed of in terms of the liberty granted by the Single Judge.
Judgment Excerpts
It is not in dispute before us that the retention wall has already been constructed by the builder.
Therefore, for the reasons assigned by us in the judgment passed today in W.A.No.3070/2018, nothing survives for adjudication in this appeal, the same is hereby disposed of in terms of the liberty granted by the learned Single Judge.
Procedural History
The appellant filed WP 24071/2017 before the High Court of Karnataka, which was disposed of by order dated 10.01.2018. Aggrieved, the appellant filed this intra court appeal under Section 4 of the Karnataka High Court Act, 1961. During pendency, the retention wall was constructed by the builder.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
