IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.41797/2016 (GM - CPC) BETWEEN:
1. SMT. LEELA SHETTY W/O. LATE KRISHNA SHETTY, AGED ABOUT 59 YEARS, R/AT ULAIBETTU HOUSE, ULAIBETTU, GURUPURA, MANGALORE – 574 145.
2. SMT. PUSHPA W/O. VITTAL SHETTY, AGED ABOUT 54 YEARS, R/AT DEMUNDE HOUSE, TUMBE POST, RAMALKATTE, BANTWAL TALUK – 575 018.
3. SMT. JAYANTHI W/O. LOKANATH SHETTY, AGED ABOUT 51 YEARS, R/AT SADANA MANE, MARY HILL, KONCHADI POST, MANGALORE – 575 008. ... PETITIONERS (BY SRI CYRIL PRASAD PAIS, ADVOCATE) AND:
1. SMT. LEELA D/O. NARAYAN SHETTY, AGED ABOUT 59 YEARS, R/AT MANI HITLU, JEPPINAMOGARU, MANGALORE – 575 009.
2. SRI VITTAL SHETTY S/O. LATE NARAYANA SHETTY, AGED ABOUT 48 YEARS, R/AT TELEPHONE EXCHANGE QUARTERS, BLOCK NO.D1/66, LADY HILL, MANGALORE – 575 001.
3. SMT. KUSUMA U. RAO W/O. UDAYA KUMAR RAO, ADULT, R/AT GERAKRIPA HOUSE, CIRIL PADAVU, BEHIND KULSHEKAR CHURCH, MANGALORE – 575 004.
4. SRI DEVADAS FATHERS NAME NOT KNOWN, ADULT, DOOR NO.3-78, JEPPINA MOGARU, KOPPALA HOUSE, JEPPINA MOGARU POST, MANGALORE – 575 009.
5. SRI VENKAPPA SHETTY S/O. LATE NARAYANA SHETTY, AGED ABOUT 62 YEARS, R/AT MONAPPA COMPOUND, JEPPINA MOGARU, JEPPINA MOGARU POST, MANGALORE – 575 009.
6. SMT. VEDAVATHI W/O. SANKAPPA RAI, AGED ABOUT 48 YEARS, R/AT KAKATHOOR HOUSE, KUMBLA VIA INCHLAMPADY POST, KASARGOD – 671 321. ... RESPONDENTS (BY SRI R-1 TO R-3 – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.07.2016 PASSED BY THE 1ST ADDITIONAL CIVIL JUDGE & JMFC, MANGALORE DAKSHINA KANNADA ON I.A.NO.8 FILED BY THE PETITIONERS HEREIN UNDER ORDER 1 RULE 10 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE WHICH IS AT ANNEXURE-A AND CONSEQUENTLY ALLOW I.A.NO.8 FILED BY THE PETITIONER HEREIN AND ETC., THIS WRIT 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 04/07/2016 on I.A.No.18 in O.S.No.274/2006 on the file of I Additional Civil Judge & JMFC at Mangaluru, D.K. ['Trial Court' for short].
2. It is discerned that the said O.S.No.274/2006 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 S*