IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 12600 OF 2017 (GM-CPC) BETWEEN:
SMT. BHARATHI, WIFE OF NAGARAJU, AGED ABOUT 35 YEARS RESIDING AT VARANASI, JINKATHIMMANAHALLI VILLAGE, BIDARAHALLY HOBLI, BANGALORE EAST TALUK.
… PETITIONER (BY SRI. SIDDAMALLAPPA P M, ADVOCATE) AND:
1. SRI.K.RAJASHEKAR, SON OF LATE J.C.KRISHANAPPA, AGES ABOUT 44 YEARS, RESIDING AT NO.365, UCO BANK ROAD, RAMAURTHY NAGAR, BANGALORE – 560 016.
2. SRI.J.C.NARAUANAPPA, SON OF CHIKKARAMAIAH, AGED ABOUT 68 YEARS, RESIDING AT VARANASI @ JINKATHIMMANAHALLY VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK.
3. SMT.MANJULA, WIFE OF MUNIRAJU, DAUGHTER OF J C NARAYANAPPA, AGED ABOUT 38 YEARS, RESIDING AT VARANASI @ JINKATHIMMANAHALLY VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK.
4. SRI.KUMARA, SON OF J C NARAYANAPPA, AGED ABOUT 35 YEARS, RESIDING AT VARANASI @ JINKATHIMMANAHALLY VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK.
5. SRI CHANDARA SON OF J C NARAYANAPPA AGED ABOUT 29 YEARS RESIDING AT VARANASI @ JINKATHIMMANAHALLY VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK.
… RESPONDENTS (BY SRI. S V RENUGOPAL, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 4.3.2017 PASSED ON I.A.NO.4 FILED BY THE R-1 UNDER ORDER-1, RULE 10[2] OF CIVIL PROCEDURE CODE IN F.D.P NO.5/2014 BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE AS PER ANNEXURE-K AND THEREBY ORDER TO DISMISS IA NO.4 FILED UNDER ORDER 1 RULE 10[2] OF CIVIL PROCEDURE CODE BY THE R-1 BY ALLOWING THE W.P. WITH EXEMPLARY COST.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The order impugned in this writ petition having emanated from the Final Decree Proceedings in FDP No.5/2014 and now that the same has been disposed off on 02.04.2018, nothing survives for consideration in this writ petition and the same is accordingly disposed off keeping open all grounds and remedies otherwise available to the parties.
No costs.
Sd/- JUDGE Bsv