IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.48637/2016 (GM – CPC) BETWEEN:
B.K.NAGARAJU S/O LATE KALAIAH AGED ABOUT 62 YEARS R/O BOMMANAHALLI BELLAVI HOBLI TUMKUR TQ AND DIST-572101. ... PETITIONER (BY SRI CHANDRASHEKAR P PATIL, ADV.) AND:
MULAIAH S/O CHIKKAMUDDAIAH SINCE DECEASED BY HIS LR’S 1. MUDDAMMA W/O LATE MULAIAH AGED ABOUT 67 YEARS 2. NAGESH S/O LATE MULAIAH AGED ABOUT 28 YEARS 3. UMESH S/O LATE MULAIAH AGED ABOUT 24 YEARS 4. MANJAMMA D/O LATE MULAIAH AGED ABOUT 17 YEARS REP. BY HER MOTHER RESPT.-1 ALL ARE R/AT BOMMANAHALLI VILLAGE BELLAVI HOBLI TUMKUR TQ AND DIST. PIN CODE-572101.
5. NAGAIAH S/O LATE CHIKKAMUDDAIAH AGED ABOUT 71 YEARS 6. RAYAPPA S/O LATE CHIKKAMUDDAIAH AGED ABOUT 63 YEARS BOTH ARE R/O BOMMANAHALLI VILALGE BELLAVI HOBLI TUMKUR TQ AND DIST.
PIN CODE-572101. ... RESPONDENTS (BY SRI S K VENKATA REDDY, ADV. FOR R1 TO R3 R4 IS SERVED; R5 & R6 – NOTICE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11.08.2016 PASSED BY THE LEARNED ADDL. SR. CIVIL JUDGE AND CJM, TUMKURU, IN FDP NO.8/2009 ON I.A.U/O 21 RLE 97 R/W SEC. 151 OF CPC AT ANNEX-F.
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 11.08.2016 on the I.A filed under Order 21 Rule 97 read with Section 151 of CPC in F.D.P.No.8/2009 on the file of the Additional Senior Civil Judge and CJM at Tumakuru ['Trial Court' for short].
2. It is discerned that the said F.D.P.No.8/2009 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 NC.