IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56150 OF 2014 (GM - CPC) BETWEEN:
H.S.MALLARAJ URS., AGED 70 YEARS, S/O LATE H.S.SUBRAMANYA RAJE URS, R/A NO.27, 4TH CROSS, MARUTHI TEMPLE STREET, KUVEMPUNAGARA, MYSORE – 570 009. … PETITIONER (BY MR.B.N.ANANTHA NARAYANA D.S., ADV., (ABSENT)) AND:
L.CHELUVARAJU,AGED 56 YEARS, S/O LINGAIAH,R/AT NO.185, 5TH CROSS, J.C.NAGAR, MYSORE – 570 011. … RESPONDENT (BY MR.P.NATARAJU, ADV., FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE ORDER DATED 10.01.2014 PASSED ON IA NOS.1 & 4 IN O.S.NO.1467/2013 ON THE FILE OF THE COURT OF THE IV ADDITIONAL FIRST CIVIL JUDGE, MYSORE AND THE ORDER DATED 11.04.2014 PASSED IN M.A.NO.15/2014 ON THE FILE OF THE COURT OF THE FIRST ADDL. SENIOR CIVIL JUDGE AND CJM AT MYSORE AS PER ANNEXUES – G & J BE QUASHED ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri. P. Nataraju, learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 10/01/2014 passed by the trial Court on an application filed under Order XXXIX Rule 1 and 2 of CPC as well as order 11/04/2014, by which, the appeal preferred by the petitioner has been dismissed.
4. When the matter was taken up today, learned counsel for the respondent submitted that subsequently the petitioner filed another application for injunction and the trial Court by order dated 24/06/2014 had granted an order of injunction in favour of the petitioner. Being aggrieved, the respondent has filed M.A. No.41/2014, in which the appellate Court has directed the parties to maintain status quo. Therefore, nothing survives for adjudication in this writ petition.
5. The aforesaid submission is taken on record. The writ petition is accordingly disposed of.
Sd/- JUDGE Msu