IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.34474/2017 (GM-CPC) BETWEEN PANCHAKSHARACHARI S/O LATE KAMMARA ACHARAPPA AGED ABOUT 45 YEARS RESIDENTS OF NITTUR VILLAGE MALEBENNUR HOBLI, HARIHARA TALUK DAVANAGERE DISTRICT – 577 530 ... PETITIONER (BY SRI PRANESH CHANDRA, ADVOCATE) AND 1. SRI PRABHU DEVA S.G. S/O MALLAPPA AGED ABOUT 50 YEARS AGRICULTURIST, R/O NITTUR VILLAGE MALEBENNUR VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT – 577 530 2. K.MOUNESHWARACHARI SINCE DEAD REP. BY HIS LRs 2(a) SMT GANGAMMA W/O LATE K.MAUNESHWARACHARI AGED ABOUT 56 YEARS 2(b) SRI K.M.NAGARAJ S/O LATE K.MAUNESHWARACHARI AGED ABOUT 33 YEARS 2(c) SRI K.M.RANGANATH S/O LATE K.MAUNESHWARACHARI AGED ABOUT 31 YEARS 2(d) KUM K.M.NETHRAVATHI D/O LATE K.MAUNESHWARACHARI AGED ABOUT 29 YEARS 2(a) TO 2(d) ARE R/O #31, 2ND MAIN 2ND CROSS, EWS KHB COLONY BASAVESHWARANAGAR BANGALORE – 560 070 3. SRI HANUMANTHACHARI S/O LATE KAMMARA ACHARAPPA AGED ABOUT 48 YEARS 4. SRI JAKANACHARI S/O LATE KAMMARA ACHARAPPA AGED ABOUT 46 YEARS 5. SRI KUBENDRACHARI S/O LATE KAMMARA ACHARAPPA AGED ABOUT 42 YEARS R3 TO R5 ARE R/AT NITTUR VILLAGE MALEBENNUR HOBLI HARIHARA TALUK DAVANAGERE DISTRICT – 577 530 ... RESPONDENTS (BY SRI MAHANTESH S.HOSMATH, ADVOCATE FOR R1; NOTICE TO R3 TO R5 IS DISPENSED WITH V/O DT:29.07.2019; NOTICE TO R2(a) TO (d) IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.26 (ANNEXURE-F) DATED 21.06.2017 PASSED IN O.S.NO.8/2010 PASSED BY CIVIL JUDGE (SENIOR DIVISON) AT HARIHARA AND ETC., THIS WRIT PETITION COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The impugned order re-opening the case for further cross examination of the petitioner is liable to be set aside, since it has become infructuous by the admission of the petitioner before this Court that the person referred to in para-2 of the Written Statement is none other than the petitioner himself who happens to be the defendant No.4 in the suit.
Accordingly, the impugned order having been set at naught, this writ petition is disposed off.
No costs.
Sd/- JUDGE KLV