IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.36311 OF 2015 (GM-CPC) BETWEEN:
C.S.RAVISHANKAR SON OF DR.C.D.SREENIVASA MURTHY, AGED ABOUT 49 YEARS, RESIDING AT NO.148, 1ST MAIN ROAD, YADAVAGIRI MYSURU-570 020. ...PETITIONER (BY SRI PRADEEP S SAWKAR, ADVOCATE) AND:
1. M.S. JAGADEESH SON OF LATE M C SOMESHWAR, AGED ABOUT 54 YEARS, RESIDING AT NO.28, 1ST CROSS, NEW BAMBOO BAZAAR, MEDAR BLOCK, MYSURU-570003 2. M S NARENDRA SON OF LATE M C SOMESHWAR, AGED ABOUT 58 YEARS, RESIDING AT NO.28, 1ST CROSS, NEW BAMBOO BAZAAR, MEDAR BLOCK, MYSURU-570003 3. M S JAYADEV SON OF LATE M C SOMESHWAR, AGED ABOUT 54 YEARS, RESIDING AT NO.28, 1ST CROSS, NEW BAMBOO BAZAAR, MEDAR BLOCK, MYSURU-570003 4. M S UDAYASHANKAR SON OF LATE M C SOMESHWAR, AGED ABOUT 49 YEARS, RESIDING AT NO.28, 1ST CROSS, NEW BAMBOO BAZAAR, MEDAR BLOCK, MYSURU-570003 5. M S GURUPRASAD SON OF LATE M C SOMESHWAR, AGED ABOUT 45 YEARS, RESIDING AT NO.28, 1ST CROSS, NEW BAMBOO BAZAAR, MEDAR BLOCK, MYSURU-570003 6. SMT M S PADMA DAUGHTER OF LATE M C SOMESHWAR, AGED ABOUT 43 YEARS, RESIDINGA AT NO.28, 1ST CROSS, NEW BAMBOO BAZAAR, MEDAR BLOCK, MYSURU-570003 7. B J JAYASANTHOSH SON OF M S JAGADESH, AGED ABOUT 28 YEARS 8. M A HARISH KUMAR SON OF M V ANANTHA AGED ABOUT 43 YEARS 9. SMT LAKSHMAMMA W/O M V GANESHWARA, AGED ABOUT 62 YEARS 10. M V SHANKAR SON OF M C VAGGAPPA, AGED ABOUT 69 YEARS 11. SMT BHAGYAMMA W/O M V DEVARAJ, AGED ABOUT 57 YEARS 12. SMT M V DINAMANI W/O LATE C SHANKAR, AGED ABOUT 58 YEARS 13. SMT SHARADAMMA W/O M C YELLAPPA, AGED ABOUT 55 YEARS 14. M C RAJASHEKHARA S/O LATE MC CHANNABASSAPPA, AGED ABOUT 55 YEARS 15. M C CHANNAKESHAVA S/O LATE M C CHANNABASAPPA, AGED ABOUT 52 YEARS 16. SMT M C DAKSHYANI W/O K SOMASHEHAR, D/O LATE M C CHANNABASSAPPA, AGED ABOUT 65 YEARS 17. SMT. M C HARANAMMA W/O SHEKAR, D/O LATE M C CHANNABASSAPPA, AGED ABOUT 63 YEARS 18. SMT. M C SHANTHAMMA W/O SHIVANNA, AGED ABOUT 61 YEARS 19. SMT. M C RAJAMMA W/O M C MAHADEVAPPA, AGED ABOUT 57 YEARS 20. SMT. M C KAMAKSHI,W/O VASU, AGED ABOUT 54 YEARS.
21. SMT. M C BHAGYA W/O ANJANA MURTHY, AGED ABOUT 52 YEARS 22. SMT. M S SIDDAMM W/O R PUTTAIAH D/O M C SHIVARAMU, AGED ABOUT 72 YEARS 23. SMT. M S CHIKKAYELLAMMA W/O MAHADEVAPPA D/O M C SHIVARAMU, AGED ABOUT 67 YEARS 24. SMT. M S RENUKA W/O RAMAIAH D/O M C SHIVARAMU, AGED ABOUT 64 YEARS 25. SMT. N DAKSHAYINI D/O S M NARASIMHAMURTHY AGED ABOUT 28 YEARS 26. N PADMAVATHI D/O S M NARASIMHAMURTHY AGED ABOUT 30 YEARS 27. N NAMITHA D/O S M NARASIMHAMURTHY AGED ABOUT 28 YEARS 28. N SUPRIYA D/O S M NARASIMHAMURTHY AGED ABOUT 26 YEARS RESPONDENTS No.7 TO 28 CAN BE SERVED ON SRI M V SHANKAR, NO.1123, 3RD MAIN ROAD, 7TH ‘A’ CROSS, ‘A’ BLOCK, KANAKADAS NAGAR, DATTAGALLI, MYSURU-570003 29. SMT C SAILAKUMARI WIFE OF LATE DR.C.S.CHANDRASHEKHAR MURTHY AGED ABOUT 66 YEARS RESIDING AT NO.352 14TH A MAIN, 2ND B CROSS BASAVESHWARANAGAR BENGALURU-560 079 30. DR. C S SANJAY SON OF DR.C D SREENIVAS MURTHY AGED ABOUT 48 YEARS PRESENTLY AT NO.1006 VIOLET TERRACE CLARKS SUMMIT PENNSYLVANIA-18411 USA. ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.301 OF 2008, ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND CJM, MYSURU AND TO SET ASIDE THE IMPUGNED ORDER DTD:06.06.2015 IN O.A.NO.301/2008 (ANNEXURE-A) PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND CJM, MYSURU TO THE EXTENT IT REJECTS I.A.NO.9 AND CONSEQUENTLY ALLOW I.A.NO.9 (ANNEXURE-G) AND PERMIT THE PETITIONER TO AMEND HIS WRITTEN STATEMENT AS SOUGHT FOR.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The 25th defendant in O.S.No.301 of 2008 on the file of the I Additional Senior Civil Judge and CJM, Mysuru, has come up in this writ petition impugning the order dated 06.06.2015 passed on I.A.No.9.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.301/2009 is looked into in the website of Mysuru District Court, it is seen that O.S.No.301/2008 has already been disposed of vide judgment dated 02.12.2016. Therefore, nothing survives for consideration in this writ petition as the same has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous.
Sd/- JUDGE dh