IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.18331 OF 2014 (GM-CPC) BETWEEN:
1. M.Basavaraj, S/o Late Kotraiah, Aged about 63 years, R/o No.A-21, Navarathna Apartment, 17th Cross, Malleshwaram, Bengaluru-560 055.
2. Smt. Geetha Devi, W/o Manjunatha, Aged about 61 years Syndicate Bank, Main Branch, Hassan, Presently residing at No.10/72, Vinaya Marga, 9th Cross, Sadana Nagar, Mysuru-570 001. … PETITIONERS (By Sri R.V.Jayaprakash, Advocate) AND:
1. Dr.Shankaraiah, S/o Late Gurubasaiah Mahantimatt, Aged about 67 years, Agriculturist, R/o Shiralakoppa Town, Shikaripur Taluk, Shimoga District, Pin: 577 428.
2. Dr.M.Shivayogi, S/o Late Kotraiah Mahantimatta, Aged about 69 years, R/o No.51, Wellington Road, Sandhurst, Cambarly Surzey G.U, Pin: 178/AW UK.
3. Smt.Prema, W/o H.P. Nagaraja, Aged about 55 years, R/o Gurukrupa, Opp. Junior College, Shiralkoppa, Shikaripur Taluk, Shimoga District, Pin: 577 428.
4. M.Neelakantaiah, S/o Late Gurubasaiah Mahantimatt, Aged about 73 years, Agriculturist, R/o Shiralkoppa Town, Shikaripur Taluk, Shimoga District, Pin: 577 428.
5. Smt. Prameelamma, D/o Late Gurubasaiah Mahantimatt, Aged about 73 years, Agriculturist, R/o Othugodu, Post Varadamoola, Sagar Taluk, Shimoga District, Pin: 577 428. … RESPONDENTS (By Sri A. Mohammed Tahir, Advocate for R1 & R5; R3 & R4 are served) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash Annexure-H, the Order dated 18.01.2014 in Civil Miscellaneous No.85/2012 on the file of Prl. District Judge, Shimoga.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER Respondents No.2 and 3 in Civil Misc.No.85/2012 on the file of Principal District Judge, Shimoga, have come up in this petition, impugning the order dated 18.1.2014, wherein, the District Court ordered withdrawal of O.S.No.164/2010 pending on the file of Civil Judge (Jr.Dn.) & JMFC., Shikaripura, and transferring the same to the Court of Senior Civil Judge & JMFC (Itinerate), Shikaripura for being tried along with O.S.No.45/2011.
2. When this writ petition is pending consideration at the stage of issuance of notice to the legal representatives of the deceased respondent No.1, this Court enquired with the learned counsel for the petitioners regarding stage of original suits in the Courts below. Since he was not instructed by the parties as to the stage of the proceedings, this Court verified the stage of both the suits at ecourts website of Shimoga, which would indicate that O.S.No.164/2010 already disposed of on merits on 6.2.2014.
3. In that view of the matter, the petition which is filed challenging transferring of O.S.No.164/2010 along with O.S.No.45/2011 on the file of Senior Civil Judge & JMFC (Itinerate), Shikaripura, does not survive for consideration. Accordingly, this writ petition is dismissed as having become infructuous.
Sd/- JUDGE cp*