IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION Nos.30605/2018 & 35261-35262/2018 (GM CPC) BETWEEN:
SMT. K. RAJASHREE W/O. SRI MANJUNATHA SWAMY, AGED ABOUT 36 YEARS, OCC: HOUSEWIFE, R/O. NO.61, 4TH FLOOR, SHIG-B, BLOCK NO.4, MALAPRABHA, 4TH PHASE, YELAHANKA NEW TOWN, BANGALORE-560 064. ... PETITIONER (BY SRI K G SHANTHAPPA, ADV.) AND:
1. SMT. K. SUPRABHA @ PRABHA PRAMOD SHET, AGED ABOUT 43 YEARS, OCC: HOUSEWIFE, R/O. MOHAN NILAY, NUTAN NAGAR, YELLAPURA-581359, POST YELLAPURA-581359, YELLAPURA TALUK, KARAWAR DISTRICT-581354.
2. SRI K. SOORYA KUMAR SHET S/O. SRI. LATE KRISHNA, AGED ABOUT 72 YEARS, OCC: NIL, NOW R/O. "HAYAGREEV KRIPA", VADIRAJA ROAD, UDUPI-576101, UDUPI DISTRICT-576101.
3. SMT. K. USHA W/O. SRI. MANJUNATH RATNAKAR SHET AGED ABOUT 41 YEARS, NOW OCC: HOUSEWIFE, R/O. NEAR CHARAKA, HONNESALA, POST: HONNESALA-577 432, TALUK: SAGARA-577430, DISTRICT: SHIMOGGA-577 201.
4. SMT. K. BHAGYASHREE W/O. SRI. MAHESH VARNEKAR, AGED ABOUT 31 YEARS, OCC: HOUSEWIFE, C/O. SRI. GURUNATAH N. VARNEKAR, NOW R/O: "MATRA LINGANA", CHITRAPURA, POST: SHIRALI-581354, TALUK: BHATKALA-581354, DISTRICT: KARWAR-581301.
5. SRI. K. VADHIRAJA SHET S/O. SRI. K. SOORYA KUMAR SHET, AGED ABOUT 24 YEARS, NOW R/O : D. NO. 7-3-45, "HAYAGREEVA KRIPA", OCC: STUDENT, VADIRAJA ROAD, UDUPI-576 101, DISTRICT: UDUPI-576 101. ... RESPONDENTS (BY SMT. VATSALA SAMPATH, ADV. FOR R1, SRI PRASANNA V.R, ADV. FOR R2, 4 & 5, SMT. PARINEETA S.CHANAL, ADV. FOR R3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 14.02.2018 PASSED BY THE LEARNED CIVIL JUDGE (SR.DVN), UDUPI ON APPLICATIONS UNDER I.A.NOS.31, 32 & 33 ALL DTD: 02.01.2018, FILED BY THE PETITIONER, OVER REJECTING HER CLAIM IN FILING HER WRITTEN STATEMENT & COUNTER CLAIM DTD. 02.01.2018, IN O.S.NO.95/2005, FILED BY THE PLAINTIFF FOR PARTITION AND SEPARATE POSSESSION, IN RESPECT OF THE SUIT SCHEDULE PROPERTIES, PENDING ON ITS FILE AND ALL FURTHER PROCEEDINGS, IN PURSUANCE THEREOF, PRODUCED AT ANNEXURE-M.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These writ petitions are filed against the order dated 14.02.2018 on I.A.Nos.31, 32 and 33 in O.S.No.95/2005 on the file of the Principal Senior Civil Judge, at Udupi ['Trial Court' for short].
2. It is discerned that the said O.S.No.95/2005 has been disposed of by the Trial Court and hence, writ petitions do not survive for consideration.
In view of the aforesaid, writ petitions stand dismissed as having rendered infructuous.
Sd/- JUDGE NC CT-HR