Karnataka High Court Constitutional Law Civil Procedure and Evidence

Karnataka HC Dismisses Challenge to Civil Court Order as Infructuous After Respondent’s Unopposed Memo

SRI PRADEEP ARVIND DEVv.THE CHIEF SECRETARY

By LawLens Team · Editorial and Research TeamDecided October 17, 2026Published 31 October 2026 at 6:49 pm IST1 min read

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In brief

The question

Whether the writ petition had become infructuous and should be dismissed on that ground

The court held

The Court accepted the unopposed submission that the writ petition was infructuous and dismissed it as such

It also directed

No relief was granted on the merits.

01Facts

The petitioners invoked Articles 226 and 227 of the Constitution, seeking to set aside the order dated 11 December 2025 in O.S. No. 1033/2025 before the VII Additional Civil Judge, Bengaluru Rural

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At the hearing, counsel for respondent No. 39 submitted that the writ petition had become infructuous and filed a memo dated 30 June 2026. The petitioners were not represented, and the submission was not opposed

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02Issues

i.Whether the writ petition had become infructuous and should be dismissed on that ground

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03Law Applied

Articles 226 and 227 of the Constitution were invoked in the petition

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The Court’s order states no substantive legal test, statutory provision, or precedent governing when a writ petition becomes infructuous; it records the respondent’s submission and the absence of objection

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04Reasoning

Respondent No. 39 submitted that the petition had been rendered infructuous, supporting that submission with a memo dated 30 June 2026. The petitioners did not appear, and the submission was not opposed.

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On that basis, the Court dismissed the petition without examining the merits of the challenge to the order in the civil suit

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