IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO. 21947 OF 2015 (GM-CPC) BETWEEN:
1. K.M.ANITHA W/O K.S. MALLIKARJUNA SHETTY AGED ABOUT 45 YEARS 2. K.M. SREEKANTA S/O K.S.MALLIKARJUNA SHETTY AGED ABOUT 25 YEARS 3. K.M.POOJA D/O K.S. MALLIKARJUNA SHETTY AGED ABOUT 22 YEARS ALL ARE R/O MALLESHWARA NILAYA OUT HOUSE, 5TH CROSS, DARJI COLONY CHITRADURGA – 577 501.
...PETITIONERS (BY SRI.HANUMANTHAPPA. A,ADVOCATE) AND:
1. M.R.CHANDAN S/O LATE M.RAMLINGA SHETTY AGED ABOUT 50 YEARS MERCHANT R/O 1ST CROSS, V.P.EXTENSION CHITRADURGA – 577 501.
2. K.S.MALLIKARJUNNA SHETTY S/O K.SREEDHARA SHETTY AGED ABOUT 56 YEARS R/O AT MALLESHWARA NILAYA OUT HOUSE, 5TH CROSS, DARJI COLONY CHITRADURGA – 577 501.
...RESPONDENTS (BY SRI.ARAVIND KAMATH, ADVOCATE FOR R-1 VIDE ORDER DATED 1.6.2018, PETITION STANDS DISMISSED AGAINST R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE ENTIRE PROCEEDINGS OF EX NO.255/2015 ON THE FILE OF PRL. SENIOR CIVIL JUDGE & CJM COURT AT CHITRADURGA AT ANNEX-F AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R O R D E R Judgment Debtor Nos.2, 3 and 4 in EX.No.255/2014 on the file of the Principal Senior Civil Judge and CJM., Chitradurga have come up in this Writ Petition impugning the entire proceedings which is with reference to executing the judgment and decree passed in O.S.No.55/2012.
2. When this matter is taken up for consideration this day, the stage of the proceedings in Ex.No.255/2012 is looked into in the e-courts website of Chitradurga District. On going through the same, it is seen that the entire execution proceedings has already been disposed of by judgment dated 28.01.2016. 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 Prs*