IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.10341/2019(GM-CPC) BETWEEN:
1. M/S GREEN HOUSE BAR & RESTAURANT NO.3, THIMMAIAH CHAMBERS, 1ST CROSS, GANDHINAGAR, BANGALORE-560009.
REPRESENTED BY PETITIONERS No.2 TO 6 2. SRI.T. VASAN S/O LATE S. THIPPAIAH, AGED ABOUT 64 YEARS R/AT NO.64, GOWRI, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BANGALORE-560086 3. SRI.T. RAMU S/O LATE S. THIPPAIAH, AGED ABOUT 57 YEARS, R/AT NO.79, 1ST MAIN ROAD, 2ND STAGE, NAGAPURA, MAHALAKSHMIPURAM, BANGALORE-560086.
4. SRI.C.T. UMESH S/O LATE S. THIPPAIAH, AGED ABOUT 54 YEARS, R/AT NO.79, 1ST MAIN ROAD, 2ND STAGE, NAGAPURA, MAHALAKSHMIPURAM, BANGALORE-560086.
5. SRI.C.T.LINGARAJ S/O LATE S. THIPPAIAH, AGED ABOUT 52 YEARS, R/AT NO.79, 1ST MAIN ROAD, 2ND STAGE, NAGAPURA, MAHALAKSHMIPURAM, BANGALORE-560086.
6. SRI.C.T.GOVINDARAJ, S/O LATE S. THIPPAIAH, AGED ABOUT 49 YEARS, R/AT NO.79, 1ST MAIN ROAD, 2ND STAGE, NAGAPURA, MAHALAKSHMIPURAM, BANGALORE-560086.
(BY SRI GANESH A. ADVOCATE) AND:
SRI T. R. SHEKAR, S/O LATE T. RAMACHANDRA, AGED ABOUT 67 YEARS, R/AT NO.7TH A MAIN, I BLOCK, HRBR LAYOUT, KALYANA NAGAR BANGALORE-560043.
... PETITIONERS ... RESPONDENT (BY SRI SUNIL S. NARAYAN, ADVOCATE FOR C/R) …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.2.2019 [ANNEXURE-E] PASSED BY THE COURT OF THE VII ADDITIONAL CITY CIVIL JUDGE, BANGALORE [CCH NO.19] ON I.A.NO.11 IN O.S.NO.3126/2015 AND ALLOW THE SAID I.A.NO.11 ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present writ petition is filed against the Order dated 21.02.2019 made in O.S.No.3126/2015 dismissing I.A.No.11 filed by the defendants under Order VIII Rule 1 of Code of Civil Procedure seeking permission to file their written statement, by condoning the delay, if any.
2. It is submitted across the Bar that, subsequently, the suit came to be decreed and as such, the writ petition has become infructuous.
3. The submission is placed on record.
4. The writ petition is dismissed as having become infructuous. However, it is open for the petitioners to urge all the grounds raised in the present writ petition, in the appeal to be filed against the judgment and decree passed by the Trial Court.
Sd/-
JUDGE kcm