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 No.18193/2016 (GM – CPC) BETWEEN:
SMT. LATHA RANI T S D/O SRI T M SHIVAIAH, W/O SRI Y S SHIVAPRASAD AGED ABOUT 47 YEARS, R/AT NO.50, 2ND FLOOR, 9TH MAIN MANJUNATHANAGAR, BANGALORE - 560 010. ... PETITIONER (BY SRI MADHVACHAR M, ADV.) AND:
1. SMT. JAYALAKSHMI W/O LATE SHIVAIAH T M AGED ABOUT 64 YEARS 2. SRI T S CHANDRAMOULI S/O LATE T.M.SHIVAIAH AGED ABOUT 51 YEARS 3. SMT. T S CHETANA W/O LATE DEVARAJ AGED ABOUT 45 YEARS ALL ARE RESIDENT OF BETWEEN 8TH & 9TH MAIN “MATRUGANGA”
S.I.T.EXTN., TUMKUR-572101.
4. SMT. GOWRAMMA W/O LATE SHIVANNA AGED ABOUT 72 YEARS 5. SRI BASAVARAJU S/O LATE SHIVANNA AGE:MAJOR 6. SRI CHANNAKESHAWA SWAMY S/O SHIVANNA ADVOCATE AGE:MAJOR THE RESPONDENTS 4 TO 6 ARE R/AT TALAKERE VILLAGE AND POST KASABA HOBLI, VIA MAYASANDRA THURUVEKERE TALUK-572227 TUMKUR DISTRICT. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEX-G DATED 23.01.2016 ON I.A.3 FILED UNDER ORDER 6 RULE 17 R/W SEC. 151 OF CPC AND DATED 23.01.2016 ON I.A.NO.5 FILED UNDER ORDER 1 RULE 10(2) R/W SEC. 151 OF CPC IN O.S.108/2008 PASSED BY THE SR. CIVIL JUDGE AND JMFC, TUMKUR AND ALLOW BOTH THE APPLICATIONS.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 23.01.2016 on I.A.Nos.3 and 5 in O.S.No.108/2008 on the file of the Additional Senior Civil Judge and CJM at Tumakuru ['Trial Court' for short].
2. It is discerned that the said O.S.No.108/2008 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 NC.