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.56067/2018 (GM – CPC) BETWEEN:
C RAMA RAO SINCE DEAD BY HIS LRS 1. SMT. RADHA BAI W/O LATE C. RAMA RAO AGED ABOUT 84 YEARS 2. M R RATHOJI RAO S/O. LATE RAM RAO AGED ABOUT 59 YEARS 3. M R PRAKASH RAO S/O.LATE RAM RAO AGE ABOUT 59 YEARS 4. M R SRINIVAS RAO S/O.LATE C. RAMA RAO AGED ABOUT 47 YEARS 5. SMT. MAMATHA BAI D/O.LATE RAMA RAO AGED ABOUT 52 YEARS 1 TO 5 ARE R/AT MANDUR VILLAGE MANDUR POST BENGALURU EAST TALUK BENGALURU-560049. ... PETITIONERS (BY SRI MUNIVENKATAPPA N, ADV.) AND:
1. B RAMA BAI W/O.LINGOJI RAO BASAVA SHETTY MAJOR R/AT NO.21, P & T LAYOUT HORAMAVU MAIN ROAD HORAMAVU BENGALURU-560043.
2. SHIVAJI RAO S/O.LATE NARAYANA RAO R/AT DOOR NO.23/1 GURUMURTHY STREET, ULSOOR BENGALURU-560008.
(SINCE HE DIED, THE LRS APPLICATION FILED BEFORE TRIAL COURT SINCE NOT ALLOWED) 3. MUNINANJAPPA S/O.LATE NANJAPPA AGED ABOUT 69 YEARS R/AT MANDUR VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU-560049. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.1588/2004 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT AT BANGALORE AND QUASH THE ORDER DATED 29.11.2018 ON IA 151 OF CPC PASSED IN O.S.NO.1588/2004 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT AT BANGALORE.
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 29.11.2018 on I.A in O.S.No.1588/2004 on the file of the IV Additional Senior Civil Judge at Bengaluru Rural District, Bengaluru ['Trial Court' for short].
2. It is discerned that the said O.S.No.1588/2004 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.