IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.4043 OF 2015 (GM-CPC) c/w WRIT PETITION No.13195 OF 2015 (GM-CPC) In W.P.No.4043 of 2015:
BETWEEN:
1. KALAMMA, W/O LATE JAVARANAIKA AGED ABOUT 70 YEARS 2. CHIKKANAIKA, S/O LATE JAVARANAIKA AGED ABOUT 61 YEARS 3. MAHADEVAMMA, W/O SILLANAIKA D/O LATE JAVARANAIKA AGED ABOUT 47 YEARS R/O MADUVINAHALLI VILLAGE, K.R.NAGAR TALUK MYSURU DISTRICT 4. KRISHNANAIKA, S/O LATE JAVARANAIKA AGED ABOUT 45 YEARS PETITIONERS No.1, 2 & 4 ARE R/O GUNGRAL CHATRA VILLAGE, YELAWALA HOBLI MYSURU TALUK & DISTRICT ...PETITIONERS (BY SRI P.MAHESHA, ADVOCATE) AND:
1. JAVAREGOWDA S/O JAVAREGOWDA AGED ABOUT 52 YEARS R/O CHIKKEGOWDANAKOPPALU VILLAGE, YELAWALA HOBLI, MYSURU TALUK & DISTRICT 2. DYAVANAIKA S/O LATE JAVARANAIKA AGED ABOUT 47 YEARS 3. SWAMYNAIKA, S/O LATE JAVARANAIKA, AGED ABOUT 44 YEARS, RESPONDENTS NO.2 AND 3 ARE RESIDENTS OF GUNGRAL CHATRA VILLAGE, YELAWALA HOBLI MYSURU TALUK & DISTRICT. ...RESPONDENTS (By Sri P NATARAJU, ADVOCATE FOR R1;
R2 AND R3 are served) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE CIVIL JUDGE (SR.DN.) AT MYSURU IN O.S.NO.711/2009 DATED 14.11.2014 VIDE ANNEXURE-H.
IN W.P.NO.13195 OF 2015:
SMT.KALAMMA W/O LATE JAVARANAIKA, AGED ABOUT 70 YEARS, R/O GUNGRAL CHATRA VILLAGE, YELAWALA HOBLI, MYSURU TALUK & DISTRICT. ...PETITIONER (By Sri P MAHESHA, ADVOCATE) AND:
JAVAREGOWDA S/O JAVAREGOWDA, AGED ABOUT 52 YEARS, R/O CHIKKEGOWDANAKOPPALU VILLAGE, YELAWALA HOBLI, MYSURU & TALUK & DISTRICT. ...RESPONDENT (Respondent served and unrepresented) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPLE DISTRICT AND SESSIONS JUDGE AT MYSURU IN MISC.NO..72/2012 DATED 15.6.2012 VIDE ANNEXURE-C.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The defendants No.1 to 4 in O.S.No.711 of 2009 on the file of Civil Judge (Sr.Dn.), Mysuru have filed W.P.No.4043 of 2015 impugning the order dated 14.11.2014 passed on I.A.No.11.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.711 of 2009 is looked into in the website of Mysuru District Court. It is seen that O.S.No.711 of 2009 has already been disposed of vide judgment dated 01.08.2018. Therefore, nothing survives for consideration in this writ petition as the same has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous.
3. The petitioner in Misc.No.72 of 2012 on the file of District and Sessions Judge, Mysuru has come up in W.P.No.13195 of 2015 impugning rejection of transfer of O.S.No.427 of 2009 pending on the file of II Civil Judge (Jr.Dn.), Mysuru to II Additional Civil Judge (Sr.Dn.), Mysuru wherein O.S.No.711 of 2009 is pending.
4. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.427 of 2009 is looked into in the website of Mysuru District Court. It is seen that O.S.No.427 of 2009 has already been disposed of vide judgment dated 07.12.2017. Therefore, nothing survives for consideration in this writ petition as the same has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous.
Sd/- JUDGE dh