IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.46625/2013 (GM-FC) BETWEEN:
MR M P VASANTH KUMAR S/O MR.PARAMESHWARAPPA AGED ABOUT 31 YEARS RESIDENT OF KUBATUR VILLAGE SORABA TALUK SHIMOGA DISTRICT-577413 (BY SRI. MANJUNATH V, ADV.) AND 1. MR K S MALLIKARJUNAPPA S/O SHANKARAPPA, AGED ABOUT 55 YEARS, 2. MRS.SHANTHAMMA W/O K.S.MALLIKARJUNAPPA, AGED ABOUT 50 YEARS BOTH RESPONDENTS 1 & 2 ARE RESIDENTS OF HAIKAL VILLAGE TURUVANUR HOBLI CHITRADURGA TALUK CHITRADURGA DISTRICT-577517.
... PETITIONER WARD:
MASTER M.V.DARSHITH S/O MR.M.P.VASANTH KUMAR AGED ABOUT 3 YEARS WHO IS UNDER THE CUSTODY OF RESPONDENTS 1 AND 2.
... RESPONDENTS (BY SRI. BASAVARAJ N PATIL, ADV. FOR SRI.B M SIDDAPPA, ADV. FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 5.7.2013 PASSED BY THE LEARNED 1ST ADDITIONAL SENIOR CIVIL JUDGE & MACT-V AT CHITRADURGA IN G & WC NO.6/12 ON I.A. NO.2 FILED BY THE PETITIONER FOR THE CUSTODY OF HIS SON M.V. DARSHITH VIDE ANNEXURE-A AND FURTHER TO BE PLEASED TO ALLOW SAID APPLICATION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The learned counsel for respondent Nos.1 and 2 has filed a memo stating that since G&WC No.6/2012 itself is disposed of, this petition challenging the order dated 5.7.2013 passed on I.A.2 in G&WC No.6/2012, does not survive for consideration.
Memo is placed on record.
Accordingly, the petition is dismissed as having become infructuous.
Sd/- JUDGE DM