IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.29318/2017(GM-CPC) BETWEEN:
M/S RAO BAHADDUR GUBBI THOTADAPPA CHARITABLE TRUST(R), NO.88, GUBBI THOTADAPPA ROAD, NEAR CITY RAILWAY STATION, BANGALORE-560 023.
REPRESETNED BY ITS SECRETARY (BY SRI BASAVARAJ T., ADVOCATE) AND:
1. M/S J B R & CO.
NO.104, BELLI BASAVANNANA GUBI BEEDI, MAMULPET, BANGALORE-560 053.
BY ITS PARTNER, SRI RAMESH KUMAR, S/O KUNDANMAL, AGED MAJOR, 2. SRI RAMU MAJOR, SHOP NO.21, RAMU TAILORING, IN NO.104 BELLI BASAVANNANA GUDI BEEDI, MAMULPET, BANGALORE-560 053.
... PETITIONER ... RESPONDENTS (BY SRI B. C. SEETHARAMA RAO, ADVOCATE FOR R2 R1 DISPENSED WITH V/O DATED 10.07.2017) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 1.4.2017 PASSED BY THE 9TH ADDL. SMALL CAUSES JUDGE AND 34 ACMM, COURT OF SMALL CAUSES, MEMBER OF MACT-7, BANGALORE ON I.A. 11 IN S.C 818/2014 VIDE ANNEX-F TO THE W.P. AND CONSEQUENTLY ALLOW I.A.11 FILED BY THE PETITIONER UNDER ORDER VI RULE 17 R/W SEC. 151 OF CPC SEEKING FOR AMENDMENT OF THE PLAINT AS PRAYED FOR;
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed against the order dated 01.04.2017 on I.A.No.11 in S.C.No.818/2014 on the file of the IX Additional Small Causes Judge and XXXIV ACMM, Court of Small Causes, Member, MACT-7 at Bengaluru ['Trial Court' for short].
2. It is discerned that the said S.C.No.818/2014 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 MBM