IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.36240 OF 2015 (GM-CPC) BETWEEN:
MUMTHAZ D/O LATE BUDEN SAB W/O KHALEEL SAB AGED ABOUT 35 YEARS AGRICULTURIST R/O DONABAGHATTA VILLAGE BHANDRAVATHI TALUK – 577 301 SHIMOGA DISTRICT.
(BY SRI.RAVINDRA B.DESHPANDE, ADV.) AND:
1. SRI.ASRAF SAB S/O PAKEER SAB AGED ABOUT 66 YEARS R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
2. BANUBI W/O BUDENSAB AGED ABOUT 73 YEARS R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
3. MOHSMMAD MUSTAFA S/O BUDEN SAB AGED ABOUT 43 YEARS ... PETITIONER R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
4. MOHAMED MEHABOOB S/O BUDEN SAB AGED ABOUT 42 YEARS R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
5. AKBAR ALI S/O BUDEN SAB AGED ABOUT 40 YEARS R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
6. RASOOL SAB S/O BUDEN SAB AGED ABOUT 38 YEARS R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
7. BEEBI D/O BUDEN SAB AGED ABOUT 36 YEARS R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
8. ASIYABI S/O BUDEN SAB AGED ABOUT 43 YEARS R/O TADASA VILLAGE BHADRAVATHI TALUK – 577 301.
(BY SRI. G.C.SHANMUKHA, ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 7.8.2015 ON I.A.NO.IX UNDER SECTION 47 R/W SEC.151 OF CPC IN EX.NO.110/2014 PASSED BY THE COURT OF THE I ADDL. CIVIL JUDGE & JMFC AT BHADRAVATHI AS PER ANNEX-E AND CONSEQUENTLY TO ALLOW I.A.NO.IX IN EX.NO.110/2014 AS PRAYED FOR BY THE PETITIONERS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Judgment Debtor No.1(h) in Ex.Case No.110/2014 on the file of the I Additional Civil Judge and JMFC., Bhadravathi, has come up in this Writ Petition impugning the interlocutory order dated 07.08.2015 passed on I.A.No.9.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in Ex.Case No.110/2014 is looked into in the e-courts website of Shivamogga District. On going through the same, it is seen that Ex.Case No.110/2014 has already been closed on 20.02.2016. Therefore, nothing survives for consideration in this Writ Petition as the same has become infructuous. Accordingly, this Writ Petition is dismissed as having become infructuous.
Sd/- JUDGE Prs*