IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.51508/2015(GM-CPC) BETWEEN:
SMT.KARIYAMMA W/O CHITHAIAH, AGED ABOUT 44 YEARS, RESIDENT OF HEGGANAHALLI GOLLARAHATTI, KASABA HOBLI, SIRA TALUK, TUMKUR DISTRICT -572 137 AND ALSO AT RATHNAGIRI VILLAGE, MADAKASIRA TALUK, ANANTHAPUR DISTRICT -562 106 ANDHRA PRADESH …PETITIONER (BY SRI K.R.RAMESH, ADVOCATE) AND 1. SMT.LAKSHMAMMA, W/O KARIYAMMA, D/O LATE MALLANNA, AGED ABOUT 35 YEARS, 2. SMT.CHITHAMMA, W/O LATE MALLANNA, AGED ABOUT 46 YEARS, 3. SRI MALLANNA, S/O LATE MALLANNA, AGED ABOUT 46 YEARS, 4. NAGANNA, S/O LATE MALLANNA, AGED ABOUT 44 YEARS, R1 TO R4 ARE R/O HEGGANAHALLI, KASABA HOBLI, SIRA TALUK, TUMKUR DISTRICT – 572 137.
5. SMT.NAGAMMA, W/O CHITHAIAH, AGED ABOUT 44 YEARS, D/O LATE MALLANNA, RESIDENT OF RAYAPURA, MADAKASIRA TALUK, ANANTHAPUR DISTRICT – 562 106 ANDHRA PRADESH 6. SMT.ERAMMA, W/O NAGARAJAPPA, D/O LATE MALLANNA, AGED ABOUT 42 YEARS, RESIDENT OF KALLUKOTE, SIRA TALUK – 572 137 TUMKUR DISTRICT.
7. SMT.RATHNAMMA W/O UGRAPPA, D/O LATE MALLANNA, AGED ABOUT 36 YEARS, RESIDENT OF KOTTA VILLAGE, SIRA TALUK – 572 137 TUMKUR DISTRICT.
8. SMT.CHANDRAMMA, W/O CHITHAIAH AND D/O LATE MALLANNA, AGED ABOUT 34 YEARS, RESIDENT OF TARUR VILLAGE AT POST, KALLAMBELLA HOBLI, SIRA TALUK – 572 137 TUMKUR DISTRICT.
9. SRI H.K.NATARAJU, S/O LATE H.N.KRISHNACHAR, AGED ABOUT 51 YEARS, RESIDENT OF GANDHINAGARA EXTENSION, SIRA TOWN, TUMKUR DISTRICT – 572 137 …RESPONDENTS (BY SMT.P.C.SUNITHA, ADVOCATE FOR R1, R2, R4 TO R8, R3 TO R9 ARE SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.11.2015 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC., SIRA ON I.A.NO.14 IN O.S.NO.91/2009 VIDE ANNEXURE-E AND THEREBY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 151 OF CPC SEEKI NG PERMISSION TO FILE THE WRITTEN STATEMENT, WHICH WAS NUMBERED AS I.A.NO.14 IN O.S.NO.91/2009 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Defendant No.8 in OS.No.91/2009 on the file of Principal Civil Judge & JMFC, Sira, has come up in this writ petition impugning the order dated 2.11.2015 passed on IA.No.14.
2. When this matter is taken up for consideration this day, learned counsel for the petitioner files a memo bringing to the notice of this Court that the suit in O.S.No.91/2009 itself is disposed of by judgment dated 27.1.2016. The same is confirmed by the e-courts website of Tumakuru District.
3. In that view of the matter, this writ petition does not survive for consideration as it has become infructuous. Accordingly, the memo is taken on record and this writ petition is dismissed as having become infructuous.
Sd/- JUDGE nd/-