IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.16466 OF 2012 (GM-CPC) BETWEEN:
D.VENKANAGOUDA, S/O. LATE RUDRAGOUDA, AGED ABOUT 70 YEARS, OCC: SOCIAL SERVICE, R/O. ‘SRI KAALKRUPA NILAYA’, JOISARAKERI, HARAPPANAHALLI, DAVANAGERE DISTRICT.
... PETITIONER (BY SRI. D.VENKANAGOWDA, PARTY IN PERSON) AND:
1. MAACHIKERE SHIVU S/O CHANNABASAPPA, AGED ABOUT 30 YEARS, OCC: DAILY WAGE, R/O. BEDARA SHIVANAKERE VILLAGE, CHITRADURGA TALUK & DISTRICT.
2. MAACHIKERE MEGHARAJA, S/O CHANNABASAPPA, AGED ABOUT 28 YEARS, R/O. BEDARA SHIVANAKERE VILLAGE, CHITRADURGA TALUK & DISTRICT.
3. JAINARA RATNAKARA, S/O ONTIKUDURE BHARMAPPA, AGED ABOUT 52 YEARS, OCC: BUSINESS, R/O JAINARA BEEDI, BANAGAARAPETE, HARAPPANAHALLI, CHITRADURGA DISTRICT.
4. JAINARA PADMARAJ, S/O ONTIKUDURE BHARMAPPA, AGED ABOUT 49 YEARS, OCC: BUSINESS, R/O JAINARA BEEDI, BANAGAARAPETE, HARAPPANAHALLI, CHITRADURGA DISTRICT.
... RESPONDENTS (BY SRI. AMBAJI RAO NAJRE, ADVOCATE FOR R-3 & R-4; NOTICE TO R-1 & R-2 ARE H/S V/O DTD 01.07.2013) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.02.2012 PASSED BY THE HON’BLE CIVIL JUDGE (JR.DN.) ON THE APPLICATION FILED ON 31.7.2010 BY THE 4TH JUDGMENT DEBTOR UNDER EX.PET.NO.21/08 ON THE FILE OF THE HON’BLE CIVIL JUDGE (JR.DN) HARAPPANAHALLI WITH THE SAME SUBJECT MATTER AS UNDER I.A.NO.2 WHICH WAS ALOWED AND AMENDED IN ORIGINAL EX.PETITION 6-7-12 ON 1.3.2008 ON THE BASIC OF THE DOCUMENTS VIDE ANNEXURE-F (ORIGINAL) AVAILABLE IN EXE.PET.19/07 WITHOUT CONSIDERING THAT IT WOULD AMOUNT TO RES JUDICATE, AS AGAINSTPOOR, HELPLESS AND IN A MANNER CONTRARY TO SEEK JUSTICE VIDE ANNEXURE-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The writ petition is disposed off as having become infructuous in terms of memo dated 29.10.2018, all grounds and remedies are kept open.
Sd/- JUDGE DS