IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.26039/2017 (GM – CPC) BETWEEN:
SMT JAYASHREE S KUMAR W/O N R SUDHEENDRA KUMAR, AGED ABOUT 42 YEARS, R/OF DR.S.P.M ROAD, SHIVAMOGA TALUK, SHIVAMOGA DISTRICT [BY SRI SHOWRI H.R. ADVOCATE] AND:
1. SMT ANUSUYAMMA W/O LATE S MURUGESHAPPA, AGED ABOUT 73 YEARS, R/O NO.404, FLAT A/1F, CROSS IDEAL HOME TOWNSHIP, RAJARAJESHWARI NAGARA, BANGALORE-560008 2. INDRESH S M S/O LATE S MURUGESHAPPA, AGED ABOUT 49 YEARS, R/O No.404, FLAT A/1F, CROSS IDEAL HOME TOWNSHIP, RAJARAJESHWARI NAGARA, BANGALORE-560008 ... PETITIONER 3. S M VISHWANATH S/O LATE S MURUGESHAPPA, AGED ABOUT 54 YEARS, R/OF RANIVINDRA NAGAR, 5TH CROSS, UPSTAIRS, STATE BANK OF MYSORE BUILDING, SHIVAMOGGA-577201 4. S M BASAVARAJ S/O LATE S MURUGESHAPPA, AGED ABOUT 51 YEARS, R/OF RANIVINDRA NAGAR, 5TH CROSS, UPSTAIRS, STATE BANK OF MYSORE BUILDING, SHIVAMOGGA-577201 …RESPONDENTS [BY SRI D L SURESH, ADV. FOR R-2 R-4 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.05.2017 PASSED BY THE LEARNED II ADDL. SR. CIVIL JUDGE AT SHIVMOGGA IN O.S.122/2013 BY ALLOWING I.A.9 U/O XVI R 1 R/W SEC 151 OF CPC AT ANENX-G AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 30.05.2017 on I.A.No.9 in O.S.No.122/2013 on the file of the II Additional Senior Civil Judge, Shivamogga ['Trial Court' for short].
2. It is discerned that the said O.S.No.122/2013 has been disposed of by the Trial Court and hence, writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
PMR Sd/- JUDGE