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.33218/2017 (GM - CPC) BETWEEN:
ANTONY PEREIRA S/O. LATE BALTHAZAR PEREIRA, AGED ABOUT 78 YEARS, R/O. OLINDA VIHAR, BALA VILLAGE AND POST, VIA: KATIPALLA, MANGALORE TALUK D.K. DISTRICT REP. BY HIS GPA HOLDER MRS. VEERA SALDHANA W/O. PHILIP SALDHANA, AGED ABOUT 52 YEARS, R/AT PHILVEERA BOLPUGHUDDE, KAVOOR POST, MANGALORE – 575 015.
D.K. DISTRICT. ... PETITIONER (BY SRI SACHIN B.S., ADVOCATE) AND:
1. MRS. JULIANA PEREIRA D/O. LATE BALTHAZAR PEREIRA, AGED ABOUT 67 YEARS, R/O. OLINDA VIHAR, BALA VILLAGE AND POST, VIA: KATIPALLA, MANGALORE TALUK, D.K. DISTRICT – 575 001.
2. MRS. CEILINE PEREIRA D/O. LATE BALTHAZAR PEREIRA, AGED ABOUT 63 YEARS, R/O. OLINDA VIHAR, BALA VILLAGE AND POST, VIA: KATIPALLA, MANGALORE TALUK D.K. DISTRICT – 575 001.
3. MRS. LILLY PEREIRA D/O. LATE BALTHAZAR PEREIRA, AGED ABOUT 63 YEARS, R/O. OLINDA VIHAR, BALA VILLAGE AND POST, VIA: KATIPALLA, MANGALORE TALUK D.K. DISTRICT – 575 001.
4. MRS. IRENA PEREIRA D/O. LATE BALTHAZAR PEREIRA, AGED ABOUT 57 YEARS, R/O. OLINDA VIHAR, BALA VILLAGE AND POST, VIA: KATIPALLA, MANGALORE TALUK, D.K. DISTRICT – 575 001.
5. MR. VALERIAN PEREIRA S/O. LATE BALTHAZAR PEREIRA, AGED ABOUT 55 YEARS, R/O. OLINDA VIHAR, BALA VILLAGE AND POST, VIA: KATIPALLA, MANGALORE TALUK, D.K. DISTRICT – 575 001. ... RESPONDENTS (BY SRI HEMANT CHANDAN GOWDAR, ADVOCATE FOR R-1 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.07.2017 PASSED ON I.A.NO.22 IN O.S.NO.407 OF 2008 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC MANGALORE D.K. VIDE ANNEXURE-A.
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 04/07/2017 on I.A.No.22 in O.S.No.407/2008 on the file of III Additional Civil Judge & JMFC at Mangaluru, D.K. ['Trial Court' for short].
2. It is discerned that the said O.S.No.407/2008 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*