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2026 Supreme(Kar) 47
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TARA VITASTA GANJU, J.
P. Chandrahasa Rai S/o Late Padmanabha Rai – Appellant
Versus
Ramanatha Rai S/o Late Shivanna Rai – Respondent
Writ Petition No. 26072 of 2018
Decided On : 06-01-2026
Advocates Appeared:
For the Appellant : M.J. Alva
For the Respondent: Prasanna V.R.
For the Appellant : M.J. Alva
For the Respondent: Prasanna V.R.
Resolution of the dispute affirmed by decree in Trial Court; liberty granted for further legal contention if necessary.
Headnote:(A) Civil Procedure Code, 1908 - The substratum of the dispute pertains to FDP.No.6/2018, which has been decreed by the learned Trial Court - The parties acknowledge that the original issue has been resolved. (Paras 1-3)
Facts of the case:
The respondent's counsel indicated that the decree for FDP.No.6/2018, following liberty granted by the Impugned Order, has resolved the matter in contention, an assertion affirmed by the petitioner’s counsel.
Findings of Court:
The court finds that since the substratum of the dispute no longer exists, the petition may be disposed of, allowing the petitioner to pursue further contentions legally, if necessary.
Issues: The primary issue addressed is whether the basis of the dispute still exists after the Trial Court's decree.
Ratio Decidendi: The court determined that since the essential dispute has been resolved through a court decree, the petition could be dismissed with the provision for the petitioner to pursue additional matters legally.
Result: Petition disposed of with liberty granted for further contentions.
| Table of Content |
|---|
| 1. substratum of the dispute resolved (Para 1 , 2) |
| 2. petitioner's right to seek further proceedings (Para 3) |
| 3. closure of all pending applications (Para 4) |
ORDER :
1. Learned counsel for the respondent submits that pursuant to the liberty granted by the Impugned Order, FDP.No.6/2018 was filed and that has already been decreed by the learned Trial Court. Thus he submits the substratum of the dispute no longer exists.
2. Learned counsel for the petitioner affirms the said position.
3. The petition is disposed of by granting liberty to the petitioner to agitate his contentions in accordance with law in appropriate proceedings.
4. All pending applications stand closed.
