IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5514 OF 2018 (GM-CPC) BETWEEN:
1. SMT.MUDDAMMA W/O LATE N.PILLANNA AGED ABOUT 83 YEARS 2. SRI.P.NARAYANA S/O LATE N.PILANNA AGED ABOUT 56 YEARS 3. SRI.P.GOPAL S/O LATE N.PILANNA AGED ABOUT 53 YEARS 4. SRI.P.SHIVASHANKAR S/O LATE N.PILANNA AGED ABOUT 39 YEARS 5. SRI.P.SRINIVASA S/O LATE N.PILANNA AGED ABOUT 42 YEARS ALL ARE RESIDING AT GOVINDAPURA VILLAGE BANGALORE-560 045 … PETITIONERS [BY SRI.UDITA RAMESH, ADVOCATE., (ABSENT)] AND:
SRI.AMEER JAN S/O LATE ABDUL RAHEEM AGED ABOUT 70 YEARS RESIDING AT NO.358 OPPOSITE SIDDARTHA SCHOOL M.R.GARDEN, L.R.P BANGALORE-560 045 … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 21.06.2017 IN O.S.NO.2648/2014 IN O.A.NO.3 VIDE ANNX-E PASSED BY THE IV HON’BLE v ADDL. CITY CIVIL JUDGE COURT, BANGALORE (CCH-13) AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioners even when the matter is taken up in the second round. Perused the records.
2. In this petition under Article 227 of the Constitution of India, the petitioners inter alia have assailed the validity of the order dated 21.06.2017 by which the Court Commissioner has been appointed to record the evidence of P.W.1 namely Ameer Jan.
3. Writ Petition is pending since 2018, in which no interim order has been passed. By now, the Court Commissioner must have recorded the evidence of P.W.1. Therefore, prima facie nothing survives for adjudication in this writ petition. Needless to state that petitioners, if occasion so arises, shall be at liberty to assail the order dated 21.06.2017 in an appeal.
With the aforesaid liberty, writ petition is disposed of.
Sd/- JUDGE PKS