IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.29308/2018 (GM – CPC) BETWEEN:
EREGOWDA @ I.R.ARUN KUMAR S/O RUDREGOWDA, AGED 58 YEARS, R/AT 54, 7TH DAY ADVENTIST SCHOOL ROAD, BASAVANAHALLI CHIKMAGALUR-577101. ... PETITIONER (BY SRI. SACHIN.B.S., ADV.) AND:
RUDREGOWDA S/O RUDREGOWDA DEAD BY HIS LR’S 1. SMT. BOMAMMA W/O LATE RUDREGOWDA AGED ABOUT 80 YEARS R/O INDAVARA POST CHIKMAGALUR TALUK-577101.
2. SMT. YASHODA W/O KALLESH AGED ABOUT 63 YEARS R/AT OPPOSITE RURAL POLICE STATION JYOTHI NAGARA CHIKKAMAGALUR CITY-577102.
3. SMT. MANJULA W/O MAHADEVEGOWDA AGED ABOUT 58 YEARS R/AT NEAR DODDAKURUBARAHALLI KALYANA NAGARA, JYOTHI NAGARA POST CHIKKAMAGALUR CITY-577102.
4. I.R. DHARANESHA S/O RUDREGOWDA AGED 51 YEARS R/O INDAVARA VILLAGE AND POST CHIKMAGALUR TALUK-577101.
5. R. MAHESHA S/O RUDREGOWDA AGED 49 YEARS R/O INDAVARA POST CHIKMAGALUR TALUK-577101.
6. NAILINI W/O I.R.MAHESHAI AGED 42 YEARS R/O INDAVARA POST CHIKMAGALUR TALUK-577101.
7. I.R.NAGESHA RUDREGOWDA AGED 45 YEARS R/O INDAVARA POST CHIKMAGALUR TALUK-577101.
8. C.K.MOHAN KUMAR S/O KALLESHA AGED ABOUT 40 YEARS R/O OPP RURAL POLICE STATION INDAVARA POST CHIKMAGALUR TALUK-577101.
9. MANI S/O KUPPUSWAMY AGED 45 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST-577101 CHIKMAGALUR TALUK.
10. MALLAIAH S/O RUDRAIAH AGED ABOUT 45 YEARS R/O CHANNAGONDANAHALLI HIREKOLALE POST CHIKMAGALUR TALUK-577101.
11. ANGUSBIN FERTANDESE S/O ANOTHONY FERNANDES AGED 35 YEARS R/O MADAN NEAR GANTEBORNAHALLI INDAVARA POST CHIKKAMAGALUR TALUK-577101.
I.E CHANDRAKALA W/O I.R.EREGOWDA DIED AND REPRESENTED BY LRS 12. I.E.NEENA W/O DR GANESH IDAGUNJI AGED 33 YEARS, R/O VIDYANAGAR, DAVANAGERE-577002.
13. I E MYTHRI W/O S VISHWAS, AGED 31 YEARS, R/O COX TOWN, BANGALORE-560045.
14. I E CHITRA W/O SWAMY AGED 29 YEARS R/O TUMKUR-572100.
15. ANNAPPASHETTY S/O HALEGOWDA AGED 35 YEARS R/O HALE UPPAILI INDAVARA POST, CHIKKAMAGALURU-577101.
16. NANDAKUMAR S/O HALEGOWDA, AGED 35 YEARS, R/O HALE UPPALLI INDAVARA POST, CHIKKAMAGALURU TALUK-577101.
17. SMT. NEELAMMA W/O DYAVAIAH, AGED 35 YEARS, R/O SIRAGUR VILLAGE MALTANDUR POST CHIKKAMAGALUR TALUK-577101.
18. B A DEVEGOWDA S/O SANNEGOWDA, AGED 45 YEARS, R/O SIRAGUR VILLAGE AVATHI HOBLI CHIKKAMAGALUR TALUK-577101.
19. SMT. SHANKARAMMA W/O THIPPAIAH AGED 40 YEARS R/O SIRAGUR VILLAGE MALLANDRU POST CHIKKAMAGALUR TALUK-577101.
20. I K LOKESH S/O KOTTURAIAH AGED ABOUT 45 YEARS, INDAVARA POST CHIKKAMAGALUR TALUK-577101.
21. MALLIKARJUNA S/O KOTTURAIAH AGED ABOUT 43 YEARS, INDAVARA VILLAGE AND POST CHIKKMAGALUR TALUK-577101. ... RESPONDENTS (BY SRI VIGHNESHWAR S. SHASTRI, ADV. FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD:15.6.2018 PASSED ON I.A.NO.40 IN O.S.NO.15/2008 ON THE OF 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHIKMAGALURU AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW THE IA NO.40 AS PRAYED FOR AND GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS IN O.S.NO.15/2008 ON THE OF 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHIKMAGALURU .
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 15.06.2018 on I.A.No.40 in O.S.No.15/2008 on the file of the II Additional Senior Civil Judge and JMFC at Chikkamagalur ['Trial Court' for short].
2. It is discerned that the said O.S.No.15/2008 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 disposed of as having rendered infructuous.
Sd/- JUDGE NC.