IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.37222/2016 (GM – CPC) BETWEEN:
B.S.AMARNATHA S.I B.R.SHANKAR RAO AGED ABOUT 47 YEARS R/AT BHEEMARAO GALLI CHITRADURGA CITY-577501. ...PETITIONER (BY SRI JAGAN MOHAN.M.T., ADV.) AND:
1. LALITHAMMA W/O CHANDRASHEKARAPPA AGED ABOUT 73 YEARS 2. BOGADI CHANNIGA S/O CHANDRASHEKARAPPA AGED ABOUT 43 YEARS 3. S.R.BASAVARAJ S/O CHANDRASHEKARAPPA AGED ABOUT 41 YEARS ALL ARE R/AT DOOR No.1889/69 VINAYAKA NAGARA OPP. POOJ INTERNATIONS DAVANAGERE-577006.
4. THE COMMISSIONER CITY MUNICIPALITY CHITRADURGA-577501 5. B.R.NAGARAJA RAO S/O BEDRE RAMACHANDRAPPA AGED ABOUT 71 YEARS TAILOR, R/AT CHIKKAPETE CHOWDESHWARI ROAD CHITRADURGA-577501. ...RESPONDENTS [BY SRI PRAKASH M. PATIL, ADV. FOR R-1 & R-2; SRI S.MAHESH, ADV. FOR R-4;
NOTICE TO R-5 IS D/W] THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14.06.2016 IN O.S.328/2008 PASSED BY 1ST ADDL. CIVIL JUDGE AND JMFC CHITRADURGA ON I.A. FILED UNDER ORDER 26 RULE 9 VIDE ANNEXURE-F.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 14.06.2016 on I.A filed under Order 26 Rul3 9 of CPC in O.S.No.328/2008 on the file of the 1st Additional Civil Judge and JMFC at Chitradurga ['Trial Court' for short].
2. It is discerned that the said O.S.No.328/2008 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 disposed of as having rendered infructuous.
Sd/- JUDGE NC.