IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.54135/2018(GM-CPC) BETWEEN:
D.R. RAMU, S/O RANGE GOWDA, AGED ABOUT 64 YEARS, R/AT SHOP No.G-9, MES SHOPPING COMPLEX, K.M. ROAD, CHIKMAGALUR-577101.
... PETITIONER (BY SRI AJAYPRABHU M., ADVOCATE FOR SRI SACHIN B. S., ADVOCATE) AND:
M/S MALNAD EDUCATION SOCIETY (REGD) K.M. ROAD, CHIKMAGALUR, REPRESENTED BY ITS SECRETARY, DR. D.L. VIJAYKUMAR, S/O LATE LINGE GOWDA, AGED ABOUT 64 YEARS, CHIKKAMAGALUR 575101.
... RESPONDENT **** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.10.2018 PASSED BY THE 2ND ADDL. CIVIL JUDGE & JMFC, CHIKMAGALURU IN O.S.NO. 463/2015 AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW THE MEMO FILED BY THE PETITIONER UNDER ORDER 12 RULE 8 OF CPC AS PRAYED FOR.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The present writ petition is filed against the order dated 22.10.2018 passed by the 2nd Addl. Civil Judge & JMFC, Chikmagaluru in O.S. No.463/2015 as per Annexure-A.
2. Sri Ajay Prabhu .M. for Sri Sachin B.S., learned counsel for the petitioner fairly submits that now the main suit came to be decreed on 8.3.2019. In view of the same, the present writ petition filed against the order dated 22.10.2018 would not survive for consideration.
3. Accordingly, the writ petition is dismissed as having become infructuous.
It is needless to observe that all the grounds urged in the present writ petition can be urged before the lower appellate Court, if the petitioner so chooses, in accordance with law.
Sd/-
JUDGE Gss/-