IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.35327-328/2015 (GM-CPC) BETWEEN SMT. JAYALAKSHMAMMA D/O JUNJAIAH, AGED ABOUT 76 YEARS, R/AT A.K.COLONY, B.H.ROAD, GUBBI TOWN, TUMKUR DISTRICT. ... PETITIONER (BY SRI SHASHIDHARA H N, ADVOCATE) AND 1. NANJAIAH S/O LATE PUTTARANGAIAH, AGED ABOUT 58 YEARS, R/O LAKKENAHALLI VILLAGE, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-581112, 2. MYLARAIAH S/O LATE JUNJAIAH, AGED ABOUT 59 YEARS, R/O A.K.COLONY, B.H.ROAD, GUBBI TOWN-581112, TUMKUR DISTRICT. ... RESPONDENTS (BY SRI A V GANGADHARAPPA, ADVOCATE FOR R1 VIDE ORDER DATED 11.07.2018, R2 IS DELETED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.16.12.2014 IN MA NO.5/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE AT GUBBI VIDE ANNEXURE-A AND ALSO THE ORDER DTD.25.1.2008 PASSED ON I.A.NO.I IN O.S.NO.79/2007 PASSED BY THE CIVIL JUDGE GUBBI, VIDE ANNEXURE-B AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER First defendant in OS.No.79/2007 on the file of the Civil Judge (Jr.Dn), Gubbi, who is also appellant in MA.No.5/2008 on the file of Senior Civil Judge, Guddi, has come up in these writ petitions impugning the order dated 25.1.2008 passed on IA.No.1 in the original suit which is confirmed by order dated 16.12.2014 in MA.No.5/2008.
2. When these matters are taken up for consideration this day, the stage of the original proceedings in O.S.No.79/2007 is looked into in the e-courts website of Tumakuru District. On going through the same, it is seen that O.S.No.79/2007 has already been disposed of on merits by judgment dated 27.11.2018. Therefore, nothing survives for consideration in these writ petitions as they have become infructuous. Accordingly, these writ petitions are dismissed as having become infructuous.
Sd/- JUDGE nd/-