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.23130/2017 AND WRIT PETITION No.48248/2018 (GM – CPC) BETWEEN:
SMT BHAGYAMMA B S WIFE OF SRI RUDRAPPA H B, AGED ABOUT 56 YEARS, OCC: HOUSEWIFE AND AGRICULTURE, RESIDING AT HIPPUGALALE VILLAGE, BESOOR POST, KODLIPET HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571236. ...PETITIONER (BY SRI G.BALAKRISHNA SHASTRY, ADV.) AND:
1. SRI B K SIDDRAMAPPA SON OF LATE KALAPPA, AGED ABOUT 70 YEARS, OCC: BUSINESS AND AGRICULTURE, RESIDING AT BESOOR VILLAGE AT AND POST KODLIPET HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571236 2. SRI B S RUSHI S/O B K SIDDARAMAPPA, AGED ABOUT 38 YEARS, OCC: AGRICULTURE, RESIDING AT BESOOR VILLAGE AT AND POST KODLIPET HOBLI, SOMWARPET TALUK, KODAGU DISTRICT-571236. ...RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.106/2009 ON THE FILE OF LEARNED PRINCIPAL CIVI LJUDGE [JR.DIVISION] SOMWARPET TALUK, SOMWARPET AND PERUSE THEM AND SET ASIDE THE IMPUGNED ORDER ANNEXURE-A DTD:16.2.2017 PASSED IN SUIT O.S.NO.106/2009 BY THE LEARNED PRINCIPAL CIVIL JUDGE [JR.DIVISION] SOMWARPET TALUK, SOMWARPET ON I.A.NO.12/17 AND 13/17 TO THE EXTENT THE SAME DIRECTS THE COURT COMMISSIONER TO IDENTIFY THE POSSESSION OF THE SUIT SCHEDULE PROPERTY AS TO WHETHER IT IS IN POSSESSION OF THE PETITIONER OR RESPONDENTS.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R These writ petitions are filed against the order dated 16.02.2017 on I.A.Nos.12 and 13 in O.S.No.106/2009 on the file of the Principal Civil Judge [Jr.Dvn] at Somwarpet ['Trial Court' for short].
2. It is discerned that the said O.S.No.106/2009 has been disposed of by the Trial Court and hence, writ petitions do not survive for consideration.
In view of the aforesaid, writ petitions stand disposed of as having rendered infructuous.
Sd/- JUDGE NC.