IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.52122/2016 (GM CPC) BETWEEN K. MAHALINGAIAH S/O EARAMALAIAH, AGED ABOUT 53 YEARS, R/O KIBBANAHALLI VILLAGE, KIBBANAHALLI HOBLI, TIPTUR TALUK, TUMKUR DIST. ... PETITIONER (BY SRI SHANMUKHAPPA, ADV.) AND 1. SRI K. LINGAIAH, S/O LATE EARAMALLAIAH, AGED ABOUT 62 YEARS, R/AT KIBBANAHALLI VILLAGE, KIBBANAHALLI HOBLI, TIPTUR TALUK, TUMAKURU DIST-571112.
2. SMT. PARVATHAMMA D/O LATE EARAMALLAIAH, W/O SANNA NINGAIAH, AGED: MAJOR, R/O SOMANAHALLI VILLAGE-571112, CHIKKANAYAKANAHALLI TALUK.
... RESPONDENTS (BY SRI H P LEELADHAR, ADV. FOR R1, R2 – SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.6.8.2016 PASSED ON THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 6 RULE 17 OF THE CPC IN OS.NO.4/2009 BY THE LEARNED SENIOR CIVIL JUDGE & JMFC, TIPTUR, VIDE ANNEX-A ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed against the order dated 06.08.2016 on I.A.No.5 in O.S.No.4/2009 on the file of the Senior Civil Judge and JMFC, Tiptur ['Trial Court' for short].
2. It is discerned that the said O.S.No.4/2009 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.
Sd/- JUDGE PMR