IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.32833/2017 (GM - CPC) BETWEEN:
ANITHA P. D’SOUZA AGED ABOUT 44 YEARS, W/O. STEPHEN D’SOUZA, RESIDING AT HOUSE NO.8-9, BALLI COMPOUND KODICAL. ASHOK NAGAR POST, MANGALURU – 575 006. ... PETITIONER (BY SRI CYRIL PRASAD PAIS, ADVOCATE) AND:
1. MR. SURESH A. D’SOUZA AGED ABOUT 43 YEARS, S/O. DOLPHY D’SOUZA, SANDEEP VILLA, KOTTARA CROSS, MANGALURU – 575 006.
2. MR. VIJAY MORAS S/O. JOHN MORAS, AGED ABOUT 43 YEARS, RESIDING AT MORAS MANSION, KOTTARA CROSS, BIJAI POST, MANGALURU – 575 004. ... RESPONDENTS (BY SRI A. AMRITH KINI, ADVOCATE FOR R-2; R-1 – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE - 2 -
IMPUGNED ORDER DATED 20.04.2017 PASSED BY THE II ADDL. SR. CIVIL JUDGE, DAKSHINA KANNADA, MANGALURU IN O.S.NO.429/2015 ON AN APPLICATION FILED UNDER ORDER 38 RULE 10 CPC (I.A.NO.8) AT ANNEXURE-A CONSEQUENTLY DISMISS THE APPLICATION FILED BY R-2.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed against the order dated 20/04/2017 on I.A.No.8 in O.S.No.429/2015 on the file of II Additional Senior Civil Judge at Mangaluru, D.K. ['Trial Court' for short].
2. It is discerned that the said O.S.No.429/2015 has been disposed of by the Trial Court and hence, writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
Sd/- JUDGE S*