IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.28752/2015(GM-CPC) BETWEEN SMT ABIDA BEGUM W/O DR.ABDHUL SALAM, AGED ABOUT 54 YEARS, DIRECTOR M/S RIZVAN ELECTRONIC PVT LTD., RESIDENT OF SK MANZIL, 1ST CROSS, J C NAGAR, SHIMOGA-577201 ... PETITIONER (BY SRI AKSHAY D B, ADVOCATE) AND 1. J R ANANTHARAMAN S/O J A R AVADHANI AGED ABOUT 29 YEARS RESIDENT OF FORT ROAD, NEAR VASAVI SCHOOL, SHIMOGA-577201 2. B.SHEKARAPPA S/O B MUDUKAPPA AGED ABOUT 69 YEARS AGRICULTURIST RESIDENT OF KONAGAVALLI VILLAGE SHIMOGA TALUK AND DISTRICT-577202 3. DR.ABDUS SALAM S/O MOHAMMED YUSUF, AGED ABOUT 60 YEARS, CHAIRMAN AND MANAGING DIRECTOR, M/S RIZVAN ELECTRONIC PVT LTD RESIDENT OF SK MANZIL, 1ST CROSS, JC NAGAR, SHIMOGA-577201 4. STATE OF KARNATAKA REPRESENTED BY IT’S PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU 560001 ... RESPONDENTS (BY SRI R B DESHPANDE, ADVOCATE FOR R1 SMT.PRATHIMA HONNAPURA, AGA FOR R4, NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 10.9.2014 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE & CJM SHIMOGA ON THE PRELIMINARY ISSUE NO.5 IN O.S.NO.202/2011 [ANNEXURE-F] AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Plaintiff No.1 in O.S.No.202/2011 on the file of the Principal Senior Civil Judge, Shivamogga, has come up in this writ petition impugning the order dated 10.9.2014, which is passed on preliminary issues as well as the order dated 15.4.2015 passed on IA.No.10.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.202/2011 is looked into in the e-courts website of Shivamogaa District. On going through the same, it is seen that O.S.No.202/2011 has already been dismissed for non prosecution by judgment dated 1.10.2018. Therefore, nothing survives for consideration in this writ petition as the same has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous.
Sd/- JUDGE nd/-