PHILOMENA Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed seeking for following relief:

(2.) Shri Danappa Pradhanappa Panibhate, learned counsel for petitioner submitted that under impugned order, trial Court proceeded to reject petitioner's application without granting adequate opportunity. However, learned counsel for respondents submits that decree since been executed, possession delivered and Execution Petition is closed, writ petition had become infructuous. It was further submitted that petitioner's application under Order XXI Rule 58 of CPC, having been rejected earlier petitioner had preferred RFA.no.737/2023, which was presently pending before this Court.

(3.) In view of rejection of petitioner's application under Order XXI Rule 58 of CPC, subsequent application under Order XXI Rule 26 of CPC, would in any case be untenable and rejection therefore could not be interfered with in this writ petition.