IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.No.53027 OF 2018 (GM-CPC) BETWEEN MRS.ANNAMMA P.J, W/O JAISON C.F, AGED ABOUT 50 YEARS, RESIDING AT “SRIDEVI KURPA”, 1ST FLOOR, 1ST CROSS ROAD, SUBHASH NAGARA, PANDESHWARA POST, MANGALORE – 575001, DAKSHINA KANNADA, ALSO RESIDING AT DOOR NO.22-3-590/3, FLAT NO.10, FIRST FLOOR, “SAGAR DISHA”, NEAR GUJJARAKERE JEPPU, MANGALORE - 575001, DAKSHINA KANNADA. ... PETITIONER (BY SRI.VIJAYAKUMAR.K, ADVOCATE) AND 1. MR.JOSE J. PINAKATT, S/O LATE JOHN J. PINAKATT, MAJOR, DOOR NO.23-09-568/25, SITE NO.18, II MAIN ROAD, BOLAR POST, MANGALANAGAR, MANGALORE – 575001.
2. MR.FRANCISE BERNARD, S/O LATE JALIAN BERNARD, MAJOR, RESIDENT OF NARASIMAHARAJAPURA TOWN, CHICKMANGALUR DISTRICT – 577134.
2ND PLAINTIFF FRANCIS BERNARD DEAD, BY HIS LRS, 2 (a) MRS.CORAL BERNARD, W/O FRANCIS BERNARD, AGED ABOUT 68 YEARS, HOUSE WIFE, 2 (b) DONOVAN BERNARD, S/O FRANCIS BERNARD, AGED ABOUT 39 YEARS, BOTH ARE RESIDENTS OF # 1/297, BENARD BUNGALOW, PARADE ROAD, FORT KOCHI, KERALA STATE – 682001.
2(c) MRS.GAIL MONICA FERNANDEZ, D/O FRANCIS BERNARD, AGED ABOUT 48 YEARS, FLAT NO. 1507, KHALADIA TOWER, CORNICH ROAD, P.O.NO.94818, ABU DHABI – 51133.
3. MR.SUNNY J. PINAKATT, S/O LATE JOHN J. PINAKATT, AGED ABOUT 58 YEARS, DOOR NO.23-09-568/25, SITE NO.18, II MAIN ROAD, BOLAR POST, MANGALANAGAR, MANGALORE – 575001.
4. SMT.SUFIYA SHAMIR, W/O LATE SHAIKH SHAMIR, MAJOR, TIMBER MERCHANT, RESIDENT OF SMALL MOSQUE STREET, TARIKERE TOWN – 577228.
5. MR.MOHAMMED ISMAIL SHARIFF, S/O LATE SHAIKH SHAMIR, MAJOR, ICICI BANK, RAHEZA TOWER, M.G. ROAD, BANGALORE – 560001.
6. MR.MOHAMMED YOUSUF SHARIFF, S/O LATE SHAIKH SHAMIR, MAJOR, TIMBER MERCHANT, SMALL MOSQUE STREET, TARIKERE TOWN – 577228.
7. MOHAMMED YOUNUS SHARIFF, S/O LATE SHAIKH SHAMIR, MAJOR, TIMBER MERCHANT, SMALL MOSQUE STREET, TARIKERE TOWN – 577228 8. ARSHIYA TAMEEN, D/O LATE SHAIKH SHAMIR, AGED ABOUT 31 YEARS, RESIDENT OF SMALL MOSQUE STREET, TARIKERE TOWN – 577228.
9. SUMAIYA SUBREEN, D/O LATE SHAIKH SHAMIR, AGED ABOUT 22 YEARS, RESIDENT OF SMALL MOSQUE STREET, TARIKERE TOWN, PIN CODE - 577228.
ALSO RESIDING AT SURIYASUBREEN, D/O LATE SHAIKH SHAMIR, II YEAR MBBS STUDENT, BAPUJI MEDICAL COLLEGE, DAVANAGERE – 577001. ... RESPONDENTS (BY SRI.S.M.PATIL, ADVOCATE FOR R5 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE IMPUGNED ORDER DTD:13.11.2018 [ON IA NO.68 UNDER ORDER I RULE 10 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE] IN O.S.NO.1/2017 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT NARASHIMHARAJAPURA [VIDE ANNEXURE-G] AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner has filed a Memo dated 26.08.2019 seeking disposal of the Writ Petition as having become infructuous.
The Memo is taken on record. Leave is accorded.
The Writ Petition is disposed off as having become infructuous. Interim Orders if any, stand dissolved.
Costs made easy.
Sd/- JUDGE cbc