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2023 Supreme(Online)(Kar) 34984
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION No.18434 OF 2017 (GM-FC)
BETWEEN:
SRI. V. PRABHAKAR MALANNAVAR
S/O VEERABHADRAPPA MALANNAVAR
AGED ABOUT 40 YEARS
R/AT NO.1156, A/2, NIRMAL NAGAR
HIREMATH GALLI, TERDAL
JAMKHANDI TALUKA
BAGALAKOT DISTRICT.
... PETITIONER
(BY SRI. C.R. SUBRAMANYA, ADVOCATE)
AND:
1.
SMT. VEENA N
W/O V. PRABHAKAR
AGED ABOUT 35 YEARS
R/AT NO.102, MANJUNATHA NIVAS
OLD UCO BANK ROAD
RAMAMURTHY NAGAR
DOORVANI NAGAR POST
BANGALORE-560 016
2.
KUM. ANUSHA P.M.
D/O V. PRABHAKAR
AGED ABOUT 12 YEARS
(MINOR UNDER THE GUARDIANSHIP OF
MOTHER THE 1ST RESPONDENT IN THIS CASE)
RESIDING AT:NO.102,
MANJUNATHA NIVAS
OLD UCO BANK ROAD
RAMAMURTHY NAGAR
2
DOORVANI NAGAR POST
BANGALORE-560 016.
... RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER PASSED BY THE LEARNED ADDL. PRL. JUDGE
FAMILY COURT AT BANGALORE IN C.M IS NO.340/2011 DATED
17.02.2017 VIDE ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
An interim order merges with the final order and becomes infructuous upon the disposal of the main case.
Headnote:
Fact of the Case:
The petitioner filed a writ petition challenging an interim order passed by the Family Court in an application filed in a criminal miscellaneous case.
Finding of the Court:
The Family Court had allowed the main case on 06.12.2018.
Issues: Whether the writ petition challenging the interim order has become infructuous due to the disposal of the main case.
Ratio Decidendi: An interim order merges with the final order. Therefore, once the main case is disposed of, the interim order becomes infructuous.
Final Decision: The writ petition was dismissed as having become infructuous.
The captioned Writ Petition is filed challenging the
order dated 17.02.2017 passed by the VI Addl. Principal
Judge, Family Court, Bengaluru on an interim application
in Crl.Misc.No.340/2011.
The Registry concerned has furnished the e-court
case status of Crl.Misc.No.340/2011 and it depicts that
the Family Court has allowed the main case on
06.12.2018.
As already noted above, the petition is filed
questioning the order on an interim application. As is
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well known that the interim order merges with the final
order.
In view of the disposal of the main case, nothing
survives for consideration.
Accordingly, the Writ Petition is dismissed as
having become infructuous.
Sd/-
JUDGE
TKN
