IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.11052/2019 (GM-CPC) BETWEEN:
M.N.MANJUNATH, S/O NARASIMHAPPA, AGED ABOUT: 39 YEARS, R/AT: SULINKUNTE VILLAGE, CHICKBALLAPUR TALUK AND DISTRICT-561 209.
…PETITIONER (BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE) AND:
1. S.R. MARIDYAVAPPA DEAD BY HIS LRS., REDDAPPA, AGED ABOUT: 66 YEARS, 2. RAMAKRISHNAPPA @ BADIGAPPA, S/O KEMPAIAH, MAJOR, 3. S.B. BACHANNA, S/O CHIKKABACHANNA, MAJOR, BOTH ARE RESIDENTS OF SULAKUNTE VILLAGE, KASABA HOBLI, CHICKBALLAPUR TALUK-561209 4. C.N.GURURAJA, S/O LATE K.R.NAGARAJA, AGE: MAJOR, 5. C.N.VENKATESHA S/O LATE K.R. NAGARAJA, AGE: MAJOR, 6. C.N.GANESHA, S/O LATE K.R.NAGARAJA, AGE: MAJOR, 7. C.N. PRAKASH, S/O LATE K.R.NAGARAJA, AGE: MAJOR, RESPONDENTS NO.3 TO 6 ARE RESIDING AT SULAKUNTE VILLAGE, KASABA HOBLI, CHICKBALLAPUR TALUK-561209 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:23.1.2019 PASSD BY THE PRL CIVIL JUDGE AND JMFC, CHICKBALLPUR, PRODUCED IN O.S.NO.246/2014 AT ANNEXURE-A AND THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 1 RULE 10[2] OF CPC IN O.S.NO.246/2014 [ANNEXURE-E] BE ALLOWED .
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioner files a memo dated 22.08.2019 seeking dismissal of the Writ Petition as having become infructuous.
Memo is taken on record. Leave is accorded.
Writ Petition does not survive for consideration inasmuch as the suit in O.S.No.246/2014 is stated to have been dismissed for non prosecution. However, if the suit is restored, it is open to the petitioner to seek revival by filing Miscellaneous Application.
Accordingly, the Writ Petition is dismissed as having become infructuous with liberty as sought for in terms of memo.
Sd/- JUDGE DS