IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.46091/2016 (GM-CPC) Between:
Smt. Fathimabi, Since dead by her LRs:
a) Sri Hafiz Mohammad Ayaz, Aged 62 years, S/o Late Abdul Wahab, R/o Pampanagar, Fathima Manzil, Chikmagalur City.
b) Sri Mohammed Thalib, S/o Late Sri Abdul Wahab, Aged 59 years, R/at No.68, Godown Street, Chennai.
c) Sri Noor Mohammad, S/o Late Sri Abdul Wahab, Aged 50 years, R/at No.339/2, Hidyath Street, Bangalore.
d) Smt. Shahanaz Begum, W/o Sri Abdul Jaleel, Aged 45 years, R/o Lalugarden, Chithoor, Andhra Pradesh.
e) Sri Mohammad Thaiyab, S/o Late Sri Abdul Wahab, Aged 44 years, R/o 339/2, Hidayath Street, Bangalore. … Petitioners (By Sri R. Bhadrinath, Advocate) And:
Sri H. Khwaja Mohiddin, S/o Late T. Mohammed Hussain, Aged 55 years, Auto Driver, R/o Indavara Village and Post, Chikkamagaluru Taluk. … Respondent (By Sri Sharanappa Gowda, Advocate) This Writ Petition is filed under Articles 226 & 227 of Constitution of India, praying to quash the order at Annexure-G dated 15.03.2016 passed by the learned 1st Additional Senior Civil Judge at Chikkamagaluru in M.A. No.9/2016 and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petition has been filed seeking to set aside the order dated 15.03.2016 passed by the 1st Additional Senior Civil Judge, Chikkamagaluru in M.A.No.9/2016.
2. Learned counsel appearing for the respondent submits that the suit has been dismissed.
3. On verification, the case status reveals that the suit has been dismissed on 08.11.2019. In light of the same, the consideration of prayer sought for in the present petition does not survive for consideration. However, as it is submitted that suit has been dismissed for non-prosecution, liberty is reserved to restore the petition in the event the suit stands restored.
Accordingly, the petition is disposed off subject to the above observation.
Sd/- JUDGE VGR