IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.2828/2016 (GM - CPC) BETWEEN:
1. MR. REHAMAN SHARIFF S/O. LATE MOHAMMED JAFAR SAB, AGED 65 YEARS, RESIDENT OF NO.4284, VALLABHAI ROAD, NEAR SANTHEPETE, HASSAN CITY – 573 201.
2. MR. AKBAR SHARIFF S/O. LATE MOHAMMED JAFAR SAB, AGED 61 YEARS, ASIAN ARMORY, 2ND FLOOR, NARASIMHA RAJA ROAD, BENGALURU – 02. ... PETITIONERS (BY SRI GANAPATHI HEGDE, ADVOCATE) AND:
1. MRS. HOOR BANU W/O. LATE M. HYDER SHARIFF, AGED 65 YEARS, 2. NAJMUSS SAHER, AGED 33 YEARS, D/O. LATE M. HYDER SHARIFF, W/O. MOHAMMED SAFEER, 3. MR. ADIL SHARIFF S/O. LATE M. HYDER SHARIFF, AGED 32 YEARS, 4. NASEEM KAUSER D/O. LATE M. HYDER SHARIFF, AGED 31 YEARS, 5. SHAMIM BANU D/O. LATE M. HYDER SHARIFF, AGED 30 YEARS, 6. MRS. SAYERA BANU D/O. LATE M. HYDER SHARIFF, AGED 28 YEARS, 7. SURIAYA BANU D/O. LATE M. HYDER SHARIFF, AGED 26 YEARS, 8. FARHA SULTANA D/O. LATE M. HYDER SHARIFF, AGED 24 YEARS, 9. MR. ZAKAULLA SHARIFF S/O. LATE M. HYDER SHARIFF, AGED 22 YEARS, RESPONDENT NOS.1 TO 9 ARE RESIDING AT MARUTHI NAGAR, 5TH CROSS, ARSIKERE TOWN, HASSAN DISTRICT – 573 118.
10. NOORJAHAN BEGUM W/O. LATE H.N.SHAIKH HABEEB SAB, AGED ABOUT 83 YEARS, K.R.PURAM, HASSAN – 573 201.
11. FATHIMUNNISA BEGUM W/O. M. JAFFAR SHERIFF, AGED ABOUT 54 YEARS, 2ND CROSS, BARLANE ROD, TUMKUR – 572 101.
12. MR. MOHAMMED YOUSUFF, AGED ABOUT 48 YEARS, S/O. KAMRUNNISA BEGUM, 13. H. HAJIARA BANU, AGED ABOUT 34 YEARS, D/O. KHAMRUNNISA BEGUM, 14. MR. ABDUL JABBAR KHAN, AGED ABOUT 37 YEARS, D/O. KAMRUNNISA BEGUM, RESPONDENT NOS.12 TO 14 ARE RESIDENT OF 3RD CROSS, VALLABAHI ROAD, HASSAN – 573 201. ... RESPONDENTS (BY SRI S. GANGADHARA AITHAL, ADVOCATE FOR R-1 TO R-9; R-11 – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.06.2015 VIDE ANNEXURE-A PASSED IN F.D.P.NO.22/2007 BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE COURT AT HASSAN ALLOWING THE I.A. NO.10 FILED UNDER ORDER I RULE 10 CPC AND THEREBY PERMITTING R-1 TO 9 COME ON RECORD AS LEGAL REPRESENTATIVES OF DEFENDANT NO.6 MR. HYDER SHARIFF, AND THEREBY DISMISS THE I.A. NO.10 FILED UNDER ORDER 1 RULE 10 C.P.C. PRODUCED AT ANNEXURE-D AS PRAYED FOR IN THE PETITION.
THIS WRIT 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 23/06/2015 on I.A.No.10 in FDP.No.22/2007 on the file of Principal Senior Civil Judge at Hassan ['Trial Court' for short].
2. It is discerned that the said FDP.No.22/2007 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 S*