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.402 OF 2015 (GM-CPC) BETWEEN:
SMT.JAYAMMA D/O LATE MUNISWAMY ALIAS ANNAIAH, AGED ABOUT 50 YEARS, R/AT HOUSE NO.50, 9TH CROSS, NEAR BHOVIBANDE, 2ND MAIN ROAD, A.NARAYANAPURA, DORAVANI POST, K.R.PIRA TALUK, BENGALURU NORTH DISTRICT. ...PETITIONER (By Sri SRINIVAS.V., ADVOCATE) AND:
1. SRI NARAYANAPPA S/O LATE MUNIYELLAPPA, AGED ABOUT 62 YEARS.
2. SMT.MUNIYAMMA D/O MUNIYELLAPPA, AGED ABOUT 52 YEARS.
3. SRI SRINIVAS S/O LATE SRINIVAS AGED ABOUT 57 YEARS.
SRI GANGAPPA ALIAS PAPAIAH S/O B THYAMMA ALIAS MARAKKA SINCE DECEASED BY HIS LRS 4. SMT.PUTTAMMA, W/O GANGAPPA @ PAPAIAH AGED ABOUT 77 YEARS 5. SRI RAMAKRISHNA S/O GANGAPPA @ PAPAIAH AGED ABOUT 67 YEARS 6. SRI GANGADHARA S/O GANGAPPA @ PAPAIAH AGED ABOUT 55 YEARS 7. SRI MUNIRAJA S/O GANGAPPA @ PAPAIAH, AGED ABOUT 52 YEARS 8. SRI CHANDRA S/O GANGAPPA @ PAPAIAH, AGED ABOUT 47 YEARS RESPONDENTS No.1 TO 8 ARE R/AT TAVAREKERE VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK – 560 099.
9. SRI K.G.SRINIVAS S/O K.G.GIRISA, MAJOR, R/AT NO.307, S.C. ROAD, BENGALURU – 560 020.
...RESPONDENTS (By Sri V.N.JAGADEESH, ADVOCATE FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS.NO.6543/2003, ON THE FILE OF XXXIII ADDL. CITY CIVIL JUDGE AT BENGALURU AND SET ASIDE THE ORDER DT.4.12.14, PASSED ON IA.10 IN OS.NO.6543/2003, ON THE FILE OF XXXIII ADDL. CITY CIVIL JUDGE AT BENGALURU VIDE ANNEXURE-J TO THE WRIT PETITION AND ALLOW THE APPLICATION BY FILED THIS PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The proposed defendant in O.S.No.6543 of 2003 on the file of XXXIII Additional City Civil Judge at Bengaluru (CCH No.6), has come up in this writ petition impugning the order dated 04.12.2014 passed on I.A.No.10.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.6543 of 2003 is looked into in the website of City Civil Court, Bengaluru, it is seen that O.S.No.6543 of 2003 has already been disposed of vide judgment dated 05.03.2016. 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