IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.54440/2016 (GM – CPC) BETWEEN:
1. Smt. Kanthamma, D/o. Late. Kariyappa, Aged about 55 years, R/o. Santhanoor, Jala Hobli, Bagalur Post, Bengaluru North Taluk.
2. Shanthamma, D/o. Late. Kariyappa, Aged about 51 years, R/o. Agrahara, Jaggur Post, Yelahanka Hobli, Bengaluru-560 064.
3. Ramaiah, S/o. Late. Kariyappa, Aged about 46 years, R/o. Agrahara, Jaggur Post, Yelahanka Hobli, Bengaluru. ... PETITIONERS (By Sri.S.R.Hegde Hudlamane, Adv.) AND:
1. Sri.Doddappayanna, S/o. Late. Sri.Byrappa, Aged about 80 years, R/o. Agrahara Village, Yelahanka Hobli, Jaggur Post, Bengaluru North Taluk.
2. Sri. Dodd Anjane Gowda, S/o. Late. Sri. Kamanna, Aged about 50 years, R/o. Agrahara Village, Yelahanaka Hobli, Bengaluru North Taluk.
3. Sri.Chandrashekar, S/o. Late. Sri. Anjanappa, Aged about 49 years, R/o. Agrahara Village, Yelahanka Hobli, Bengaluru North Taluk.
4. Sri.Kamalamma, W/o. Late Sri. Pillappa, Aged about 65 years, R/o. Agrahara Village, Yelahanka Hobli, Bengaluru North Taluk.
5. Sri.Munidasappa, S/o. Late Sri.Kariyappa, Aged about 64 years, R/o. Agrahara Village, Yelahanaka Hobli, Bengaluru North Taluk.
6. Sri.Ramachandra, S/o. Late. Sri.Kariyappa, Aged about 62 years, R/o. Agrahara Village, Yelahanka Hobli, Bengaluru North Taluk.
Muniraju, Since deceased by his LRs.:
7a. Rathamma, W/o. Late Muniraju, Aged about 58 years, 7b. Srinivasa, S/o. Late Muniraju, Aged about 36 years, 7c. Ambuja, D/o. Late Muniraju, W/o. Muniraju, Aged about 37 years, 8. Sri.Ramanjanappa, S/o. Late Sri.Kariyappa, Aged about 49 years, R/o. Agrahara Village, Yelahanka Hobli, Bengaluru North Taluk.
9. Sri.J.M.Krishnappa, S/o. Late Sri.Muninanjappa, Aged about 89 years, R/o Agrahara Village, Yelahanaka Hobli, Bengaluru North Taluk.
10. Smt.Marakka, S/o. Late Sri.Muniswamappa, Aged about 85 years, R/o No.18/1, Kavalbyrasandra, R.T.Nagara Post, Bengaluru-560 032.
11. Sri.M.Anjanappa, S/o. Late Sri.Muniswamappa, Aged about 62 years, R/o No.18/1, Kavalbyrasandra, R.T.Nagara Post, Bengaluru-560 032.
12. Sri.Narayanappa, S/o. Late Sri. Muniswamappa, Aged about 45 years, R/o No.18/1, Kavalbyrasandra, R.T.Nagara Post, Bengaluru-560 032.
13. Sri.M.Ramesh, S/o. Late Sri.Muniswamappa, Aged about 52 years, R/o No.18/1, Kavalbyrasandra, R.T.Nagara Post, Bengaluru-560 032.
14. Sri.M.Venkatesh, S/o. Late Sri. Muniswamappa, Aged about 49 years, R/o No.18/1, Kavalbyrasandra, R.T.Nagara Post, Bengaluru-560 032.
15. Sri.M.Manjunatha, S/o. Late Sri.Muniswamappa, Aged about 47 years, R/o No.18/1, Kavalbyrasandra, R.T.Nagara Post, Bengaluru-560 032.
16. Sri.Muniraju, S/o. Late Sri.Muniswamappa, Aged about 38 years, R/o No.18/1, Kavalbyrasandra, R.T.Nagar Post, Bengaluru North Taluk.
Sri.M.James, Since deceased by L.R.
17a. Sri.Jai Kumar, S/o. Late James, Aged about 50 years, R/o No.215, Marappa Palaya, Yeswanthapura, Bengaluru North Taluk.
Sri.M.Sundaraj, Since deceased by his L.R., 18a. Sri.Albert, S/o.M.Sunder Raj, R/o No.160, 4th Cross, 8th Main Road, New Diwanara Palya, Gokul Post, Bengaluru-560 054. ….RESPONDENTS (V/o dated 28.02.2017, service of notice to R1 to R16 is dispensed with) This Writ Petition is filed under Article 227 of the Constitution of India praying to direct the learned 2nd Addl. Civil Judge, Sr.Division, Bengaluru Rural District, Bengaluru to consider the application, filed by the petitioner, on 6.9.2016 and only after bringing the legal representatives of 18th defendant proceed with the case made in O.S.2972/2016 at Annex-H, etc. etc.
This Petition coming on for Orders this day, the Court made the following:-
O R D E R This writ petition is filed praying to consider the application filed by the petitioners, dated 06.09.2016 in O.S.No.2972/2016, on the file of the II Addl. Civil Judge (Sr. Dn.), Bengaluru Rural District ['Trial Court' for short].
Learned counsel for the petitioners has filed a memo stating that the said O.S.No.2972/2016 has been disposed of by the Trial Court on 06.10.2018 and hence, writ petition does not survive for consideration. Memo is placed on record.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
sac* Sd/- JUDGE