IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06th DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NOS. 34817-34818 OF 2015 (GM-CPC) BETWEEN:
Mr. B.M.G. Kotraiah S/o. B.M.G. Kembukandaraiah Aged about 48 years R/of. S.M. Krishna Nagar Davanagere-577 006. ... Petitioner (By Sri. Nagaraj Damodar, Advocate) AND:
1. Smt. Rekhamma W/o. Veeraiah Aged about 46 years R/of. Banuvalli Village Harihara Taluk-577 601 Davanagere District.
2. Mr. Kambukandaraiah S/o. Late Kotrapaiah Shastri Aged about 79 years R/o. Basavanakote Village Jagalur Taluk-577 528.
Davanagere District.
3. Mr. B.M.G. Nagarajaiah S/o. Late Marulasiddaiah Shasthri Aged about 51 years R/o. Basavanakote Village Jagalur Taluk-577 528 Davanagere District.
4. Smt. B.M.G. Kotramma W/o. Late M.C. Haluswamy Aged about 41 years R/o. Avaragolla Village Davangere Taluk-577 006 & District. … Respondents (By Smt. H.T. Annapurna, Advocate for Sri S.V. Prakash, Advocate for R1; Notice to R2 to R4 is dispensed with Vide order dated 02.09.2015.) [ These writ petitions are filed under Article 227 of the Constitution of India praying to set aside the order dated 07.08.2015 passed by the 1st Additional Sr. Civil Judge, Davanagere on I.A. Nos.19 and 20 in O.S. No.61/2009 filed as per Annexure-A and consequently allow the said I.A.Nos.19 and 20 as prayed for and etc., These writ petitions coming on for Orders this day, the Court made the following:
ORDER The present writ petitions are filed against the order dated 07.08.2015 on I.A. Nos.19 and 20 made in O.S.No.61/2009.
2. This Court, by the order dated 28.01.2019 has granted interim order till the next date of hearing and directed to post the matter on 04.02.2019. Since the matter was not posted on 04.02.2019 and the main suit came to be disposed of on 16.02.2019, the very prayer sought for in the present writ petitions do not survive for consideration.
3. It is needless to observe that all the contentions urged in the writ petitions are kept open to be urged before the Appellate Court.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE MBM