IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.361-362/2016 (GM-CPC) BETWEEN 1. R. PARAMANANDH SINGH S/O RAMAKRISHNA SINGH AGED ABOUT 63 YEARS R/AT NO.12, 1ST MAIN, 3RD CROSS, ASHWINI LAYOUT EJIPURA BANGALORE – 560047.
2. SMT. GAYATHRI SINGH W/O PARAMANAND SINGH AGED ABOUT 47 YEARS R/AT NO.12, 1ST MAIN, 3RD CROSS, ASHWINI LAYOUT EJIPURA BANGALORE – 560047 ... PETITIONERS (BY SRI JOSE SEBASTIAN, ADV.) AND 1. M/S INDIABULLS HOUSING FINANCE LTD., HAVING HEAD OFFICE AT INDIA BULLS HOUSE NO.448-451 UDYOG VIHAR, PHASE V, GURGOAN - 122001 ALSO HAVING BRANCH OFFICE IN JATTI BUILDING NEAR JYOTHINIVAS COLLEGE INDUSTRIAL AREA, KORAMANGALA 5TH BLOCK BANGALORE - 560095 THROUGH ITS AUTHORISED REPRESENTATIVE CHENGAPPA ASST. VICE PRESIDENT.
2. M/S INDIABULLS FINANCIAL SERVICE LTD., HAVING HEAD OFFICE AT INDIA BULLS HOUSE No.448-451 UDYOG VIHAR, PHASE V, GURGOAN - 122001 ALSO HAVING BRANCH OFFICE IN JATTI BUILDING NEAR JYOTHINIVAS COLLEGE INDUSTRIAL AREA, KORAMANGALA 5TH BLOCK BANGALORE - 560095 THROUGH ITS AUTHORISED REPRESENTATIVE CHENGAPPA ASST. VICE PRESIDENT.
3. SRI DR. THAMBAIAH SUNDARAM S/O LATE COL. THAMBAIAH AGED ABOUT 62 YEARS R/AT NO.910, NORTH EAST AVE, SANTA MARIA CA 93454, UNITED STATES OF AMERICA ALSO RESIDING AT NO.61, 19TH CROSS, B.K.NAGAR, YESHWANTHPURA, BANGALORE – 560022. ... RESPONDENTS (BY SMT. K.B.SHREEDEVI, ADV. FOR R1 & R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE III ADDL. CITY CIVIL JUDGE AND SESSION JUDGE, AT BANGALORE TO CONSIDER AND DISPOSE OF I.A. NO. 6 FILED UNDER SECTION 151 OF CPC IN O.S. 3117/2013 AS PER THE ORIGINAL OF ANN-E BEFORE CONSIDERATION OF I.A. NO.5 VIDE ANN-C ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for respondent Nos.1 and 2 points out that O.S.No.3117/2013 has been disposed of on 30.01.2016 and hence, writ petitions do not survive for consideration. Copy of the order passed on I.A.No.5 in O.S.No.3117/2013 is placed on record, whereby the trial Court has rejected the plaint for want of cause of action and also for lack of jurisdiction to decide the alleged dispute.
2. In view of the aforesaid, writ petitions are rendered infructuous and accordingly stand disposed of, as having become infructuous.
Sd/- JUDGE VM CT-HR