IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.45494/2016 (GM – CPC) BETWEEN:
P PRABHAKAR ACHARYA S/O LATE P.LAXMINARAYANA ACHARYA AGED ABOUT 60 YEARS REP BY HIS GPA HOLDER SMT. AMITHA D/O KESHA RAO AGED ABOUT 52 YEARS R/AT SHREE MATHA, KEMMANNU, PADUTHONSE VILLAGE, UDUPI TALUK AND DISTRICT ... PETITIONER [BY SRI K.PRASAD HEGDE, ADV.] AND:
1. CHANDRASHEKAR M SHETTY S/O LATE MUDDANNA SHETTY, AGED ABOUT 63 YEARS R/AT THONSE PADUMANE, GAJANANA ROAD PADUTHONSE VILLAGE, POST KEMMANNU UDUPI TALUK AND DISTRICT-576115 2. ITHA M SHETTY D/O LATE MUDDANNA SHETTY AGED ABOUT 70 YEARS MAHABALA M SHETTY SINCE DECEASED BY HIS LRS 3. SAROJA D/O LATE MAHABALA M SHETTY MAJOR 4. ANIL SHETTY S/O LATE MAHABALA M SHETTY MAJOR 5. SUNIL SHETTY S/O LATE MAHABALA M SHETTY MAJOR 6. RATHNAVATHI SHETTY D/O LATE MUDDANNA SHETTY AGED ABOUT 64 YEARS 7. SHIVANAND M SHETTY S/O LATE MUDDANNA SHETTY AGED ABOUT 62 YEARS 8. SUNDARA M SHETTY S/O LATE MUDDANNA SHETTY AGED ABOUT 60 YEARS 9. PUSHPAVATHI SHETTY D/O LATE MUDDANNA SHETTY AGED ABOUT 58 YEARS 10. PRAKASH M SHETTY S/O LATE MUDDANNA SHETTY AGED ABOUT 56 YEARS 11. SHAKUNTHALA M SHETTY D/O LATE MUDDANNA SHETTY AGED ABOUT 54 YEARS 12. UDAYA M SHETTY D/O LATE MUDDANNA SHETTY AGED ABOUT 52 YEARS 13. ASHALATH SHETTY D/O LATE MUDDANNA SHETTY AGED ABOUT 50 YEARS 14. MAHESH M SHETTY S/O LATE MUDDANNA SHETTY AGED ABOUT 48 YEARS 15. SHANKAR M SHETTY S/O LATE MUDDANNA SHETTY AGED ABOUT 46 YEARS RESPONDENTS 2 TO 15 ARE R/AT NEAR MUNRUAPADI TEMPLE PUTTUR VILLAGE & POST VIA SANTHEKATTE UDUPI TALUK & DISTRICT-576101.
16. SATHISH ACHARYA S/O LATE NARASIMHA ACHARYA, AGED ABOUT 51 YEARS 17. RAMESH ACHARYA S/O LATE NARASIMHA ACHARYA, AGED ABOUT 45 YEARS RESPONDENTS 16 & 17 ARE R/AT PUTTUR VILLAGE & POST, LINGA KATTE GUDDE, KOLAMBE, VIA SANTHEKATTE, UDUPI TALUK & DISTRICT-576101.
18. NAGARAJ @ MANJUNATHA ACHARYA S/O LATE P NARASIMHA ACHARYA, AGED ABOUT 63 YEARS, R/AT 1854/1, KAUSHAL ENCLAVE, 1ST CROSS ROAD, III STAGE, Dr. RAJKUMAR ROAD, PRAKASH NAGAR, BANGALORE - 21 19. SUDHAKAR ACHARYA S/O LATE P LAXMINARAYANA ACHARYA, AGED ABOUT 56 YEARS, R/AT SHREE MATHA, THONSE WEST VILLAGE, KEMMANNU, UDUPI TALUK & DISTRICT-576101.
20. SMT.VATSALA W/O LATE P.BHASKAR ACHARYA, AGED ABOUT 47 YEARS 21. SHANTHABISH W/O LATE P.BHASKAR ACHARYA, AGED ABOUT 21 YEARS RESPONDENTS 20 & 21 ARE R/AT D.NO.3-19, 1620/1, BENNY BAI COMPOUND, ALWARESE ROAD, KADRI MARKET, MANGALORE-2.
22. RAJKUMAR PANDURANGA KAMATH S/O PANDURANGA NARASIMHA KAMATH, BAILOOR VILLAGE, BATKALA TALUK, NORTH CANANRA-581320.
23. SHISHIR BARGAV S/O P.PRABHAKAR ACHARYA AGED ABOUT 27 YEARS, R/AT SHREE MATHA, KEMMANNU, PADUTHONSE VILLAGE, UDUPI TALUK & DISTRICT, PRESENTLY R/AT D.NO.30, 6TH A CROSS, BRINDAVAN EXTENSION, 1ST STAGE, MYSORE-20. …RESPONDENTS [BY SRI K.S.VYASA RAO, ADV. FOR R-22; R-1, R-18 TO R-21 ARE SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 03.07.2016 PASSED IN I.A.15, IN O.S.110/2007 PASSED BY ADDL. SR. CIVIL JUDGE UDUPI VIDE ANNEX-A AND CONSEQUENTLY ALLOW I.A.15.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 03.07.2016 on I.A.No.15 in O.S.No.110/2007 on the file of the Additional Senior Civil Judge at Udupi ['Trial Court' for short].
2. It is discerned that the said O.S.No.110/2007 has been disposed of by the Trial Court and hence, writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
Sd/- JUDGE NC.