IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.6605/2018 (GM-CPC) BETWEEN:
CHERIYAMANE VISHWANATHA AGED 67 YEARS, S/O LATE AIYANNA, BILIGERI VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571201. ... PETITIONER (BY SRI M. C. RAVIKUMAR, ADVOCATE ) AND:
1. SMT. MOODAGADDE JANAKI AGED 66 YEARS, W/O MOODUGADDE PONNAPPA, BADRAGOLA VILLAGE, THITHIMATHI POST, VIRAJPET TALUK, KODAGU DISTRICT-571218.
2. SMT. PONNACHANA ANURADHA AGED 56 YEARS, W/O PONNACHANA ANANDA, MEKERI VILLAGE, KAGGODLU POST, MADIKERI TALUK, KODAGU DISTRICT-571201.
3. SMT. ATHEDI MOHINI AGED 55 YEARS, W/O ATHEDI PRABHAKARA, AJJAWARA VILLAGE AND POST, SULLIA TALUK-574239.
DAKSHINA KANNADA DISTRICT.
4. SMT. CHERIYAMANE RADHA AGED 55 YEARS W/O LATE CHERIYAMANE SUBBAIAH, ARVATHOKLU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571201.
5. CHERIYAMANE SRIKANTH AGED 32 YEARS, S/O LATE CHERIYAMANE SUBBAIAH, ARVATHOKLU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571201.
6. CHERIYAMANE GIRISH AGED 29 YEARS, W/O LATE CHERIYAMANE SUBBAIAH, ARVATHOKLU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571201.
7. B S NARAYANA RAI, S/O LATE SANKAPPA RAI, MAJOR, MEKERI VILLAGE, MADIKERI TALUK, KODAGU DISTRICT-571201.
8. MUKTHAR S/O PEER SAHEB, MAJOR, MOHAMMED GHOUSE MILL, NEAR NEW CHITHRA HOTEL, MADIKERI, KODAGU DISTRICT-571201.
9. THENNIRA GANESH MEKERI VILLAGE, MAJOR, MADIKERI TALUK, KODAGU DISTRICT-571201. ... RESPONDENTS (BY SRI H. T. NATARAJ, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN EXECUTION NO.1/2016 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, KODAGU DISTRICT AND SET ASIDE THE IMPUGNED ORDER DATED 17.01.2018 VIDE ANNEXURE-A CONSEQUENTLY KEEP THE EXECUTION PETITION IN ABEYANCE PENDING DISPOSAL OF O.S.28/2010 SUIT ON THE FILE OF THE SR. CIVIL JUDGE, MADIKERI, KODAGU DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed against the order dated 17.01.2018 in Ex.No.1/2016 on the file of the Senior Civil Judge and CJM, Madikeri ['Trial Court' for short].
2. It is discerned that the said Ex.No.1/2016 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 dismissed as having rendered infructuous.
In view of the disposal of the writ petition, the pending I.A. is consigned to file.
Sd/- JUDGE MBM