IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.16123/2017 (GM – CPC) BETWEEN:
THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BBMP, BANGALORE-560001. ... PETITIONER [BY SRI H.DEVENDRAPPA, ADV.] AND:
SRI AFROZ AHMED SHERIFF S/O LATE D.A.G.SHERIFF AGED ABOUT 56 YEARS, R/A NO.38, 3RD CROSS, MOHAMMEDEN BLOCK, MALLESWARAM, BANGALORE-560008 REP. BY HIS GPA HOLDER AFZAL AHMED SHERIFF AGED ABOUT 53 YEARS S/O LATE D.A.G. SHERIFF …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.25473/2015 PENDING ON THE FILE OF THE LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE AND SET ASIDE THE ORDER PASSED BY THE LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE ON IA NO.2 UNDER ORDER 7 RULE 11(a) & (d) OF CPC DATED 23.01.2017, VIDE ANNEX-E, IN O.S.NO.25473/2015 AND - 2 -
CONSEQUENTLY REJECT THE PLAINT FILED BY THE RESPONDENT.
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 23.01.2017 on I.A.No.2 in O.S.No.25473/2015 on the file of the LVII Additional City Civil and Sessions Judge: Mayo Hall Unit at Bangalore [CCH.No.58] ['Trial Court' for short].
2. It is discerned that the said O.S.No.25473/2015 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.
Sd/- JUDGE PMR