IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.17236 OF 2017 (GM – CPC) BETWEEN:
1. Smt Avvamma D/o late K.A.Mohammed Aged about 37 years 2. Smt.Soudhabi D/o late K.A.Mohammed Aged about 34 years The petitioners are R/at Ideal Homes, Kunjila Village Kakkabe Post, Madikeri Taluk Kodagu District- 571 212 [By Sri M H Hidayathulla, Adv.] AND:
1. Sri Rahamathulla Shariff S/o Late Shariff Major in Age R/at No.55, Opp. Tippu Park Udayagiri, Mysuru- 570 019 2. Smt.Aleema W/o late K.A.Mohammed Major in Age 3. Sri K M Yusuf S/o late K.A.Mohammed Major in Age ... Petitioners 4. Sri K M Hussainar S/o late K.A.Mohammed Major in Age 5. Sri K M Ali S/o late K.A.Mohammed Major in Age 6. Sri K M Zubair S/o late K.A.Mohammed Major in Age 7. Sri K M Majid S/o late K.A.Mohammed Major in Age The Respondents 2 to 7 are R/at Ideal Homes, Kunjila Village Kakkabe Post, Madikeri Taluk Kodagu District- 571 212 …Respondents [By Sri S Rupesh Kumar, Adv. for R-1 R-5 & R-6 are served and unrepresented. Notice to R-2 to R-4 & R-7 are dispensed with v/o dated: 25.04.2017) This Writ Petition is filed under Article 227 of the Constitution of India, praying to call for records in O.S.No.211/2015 pending before the Court of the Senior Civil Judge and JMFC Court, Virajpet, Kodagu and quash or set aside the impugned order dated 24.1.2017 appointing the receiver passed by the Court of Senior Civil Judge and JMFC, Court, Virajpet, Kodagu in O.S.No.211/2015 as per Annexure-E.
This 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 24.01.2017 in O.S.No.211/2015 on the file of the Court of Senior Civil Judge and JMFC Court, Virajpet, Kodagu ['Trial Court' for short].
2. It is discerned that the said O.S.No.211/2015 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 PMR