IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.34749-34750 OF 2014 (GM-CPC) BETWEEN:
1. Smt.Eramma, Aged about 59 years, W/o Late Kempa @ Molle, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401.
2. Sri.Raja, Aged about 42 years, S/o. Late Kempa @ Molle, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin No.571 401.
3. Sri.Basavaraja, Aged about 45 years, S/o. Late Kempa @ Molle, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin No.571 401.
4. Sri.Devaiah, Aged about 40 years, S/o. Late Kempa @ Molle, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401.
5. Sri.Chikkakempaiah, Aged about 36 years, S/o. Late Kempa @ Molle, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401.
6. Smt.Pankaja, Aged about 29 years, D/o. Late Kempa @ Molle, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401.
7. Smt.Chikkakempamma, Aged about 37 years, D/o Late Kempa @ Molle, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401. … PETITIONERS (By Sri N.Shankaranarayana Bhat, Advocate-Absent) AND:
1. Sri.K.Kempaiah, S/o. Late Kempaiah, Aged about 74 years, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401.
2. Sri.Devaraju, S/o. Late Kempaiah @ Medaga, Aged about 56 years, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401.
3. Sri.Chikkadevaiah, S/o. Late Kempaiah, Aged about 76 years, Residing at T.Malligere Village, Kothathi Hobli, Mandya Taluk and District, Pin-571 401. … RESPONDENTS (R2 served but unrepresented) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed by the Court of the Additional Civil Judge and JMFC at Mandya in O.S.No.102/2010 on I.A.Nos.4 and 5 dated 15.4.2014 vide Annexure-H.
These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER Defendants No.1 to 7 in O.S.No.102/2010 on the file of Principal Civil Judge (Jr.Dn.), Mandya, have come up in these writ petitions, impugning the order dated 15.4.2014 passed on I.As.No.4 and 5 filed by the plaintiff under Section 151 of CPC.
2. Admittedly, applications in I.As.No.4 and 5 were filed by the plaintiff seeking permission to cultivate the suit schedule properties and to furnish accounts to the Court. The said applications were allowed in part, granting permission to the plaintiff to cultivate the suit schedule properties and to furnish accounts, till further orders. The said order is impugned in these proceedings by defendants No.1 to 7.
3. Today, these matters are listed to consider the Court notice issued to first respondent. There is no representation on behalf of the petitioners. Hence, the stage of original suit in O.S.No.102/2010 on the file of Principal Civil Judge (Jr.Dn.), Mandya, is looked into in the ecourts website of Mandya District, it would indicate that the said original suit in O.S.No.102/2010 has already been dismissed on 3.1.2019, after contest.
4. In that view of the matter, the present petitions, which are filed challenging the interim order dated 15.4.2014 in O.S.No.102/2010 on I.As.No.4 and 5 passed by the Principal Civil Judge (Jr.Dn.), Mandya, have become infructuous and do not survive for consideration. Accordingly, these writ petitions stand dismissed.
Sd/- JUDGE cp*