IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.3739/2014 [GM-CPC] BETWEEN:
SMT. PUTTARANGAMMA, W/O. SRI. AJJAPPA, AGED ABOUT 49 YEARS, R/O. M.I.G. NO.1, KALLAHALLI, VINABANAGAR, 2ND STAGE, SHIMOGA-577 201. … PETITIONER [BY SRI. M.R. RAJAGOPAL, ADVOCATE] AND:
1. SRI. H.SURENDRA PRABHU, NOW DEAD BY HIS LRS.
1(a). SMT. H.SUNANDA S. PRABHU, W/O. LATE SRI. H.SURENDRA PRABHU, AGED 69 YEARS, 1(b). SRI. H.SURESH PRABHU, S/O. LATE SRI. H.SURENDRA PRABHU, AGED 47 YEARS, 1(a) & 1(b) BOTH ARE RESIDING AT NO.2318/3, ANUGRAHA, NEAR BHUVANEDRA, SHIMOGA CITY, SHIMOGA.
1(c). SMT. H.SUREKHA PRABHU, D/O. LATE SRI. H.SURENDRA PRABHU, AGED 45 YEARS, R/O. SARASWATHI NILAYA, 9TH CROSS, JAGADISH NAGAR, THIPPASANDRA, BANGALORE-560 079.
1(d). SRI. SATISH PRABHU, S/O. LATE SRI. H.SURENDRA PRABHU, AGED 43 YEARS, R/O. NO.15, MALLESHA NILAYA, D.V.G. ROAD, BASAVANAGUDI, BANGALORE-560 004.
1(e). SMT. SARASWATHI CHANDRA PRABHU, D/O. LATE SRI. H.SURENDRA PRABHU, AGED 39 YEARS, R/O. NO.2318/3, ANUGRAHA, NEAR BHUVANEDRA, SHIMOGA CITY, SHIMOGA.
2. THE HOUSING COMMISSIONER, KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BENGALURU-560 009. … RESPONDENTS [BY SRI. SRINIVAS B.S., ADVOCATE FOR R1(d); R1(c)-SERVED;
R1(a),(b) & (e)- NOTICE HELD SUFFICIENT VIDE COURT ORDER DATED 10.11.2014;
SRI. S.N. ASWATHANARAYANA, ADVOCATE FOR R2] * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED PRL. CIVIL JUDGE [JR. DN.] SHIMOGA ON I.A. NO.18 IN O.S. NO.45/2005 DATED 03.01.2014 VIDE ANN-H ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER 1. The learned counsel for the petitioner filed a memo and submits that the suit in O.S. No.45/2005 itself is disposed off on 29.08.2019.
2. In the light of the above said submission and the memo filed, the relief sought does not survive for consideration. Accordingly, the petition is disposed off as having rendered infructuous. However, liberty is reserved to the petitioner to urge the grounds as against the impugned order in the appeal proceedings.
Sd/- JUDGE Ksm*