IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.54098 OF 2014 (GM-CPC) BETWEEN:
1. REV.FR.STANY D’SOUZA S/O ALBERT D’SOUZA, FATHER AND PRINCIPAL SACRED HEART PRE-UNIVERSITY COLLEGE, B.H ROAD, SHIVAMOGGA CITY – 577 201.
2. THE DIOCESE OF SHIVAMOGGA HAVING ITS OFFICE AT BISHOP’S HOUSE, "MALLIGEMANE" B.H ROAD, SHIVAMOGGA CITY – 577 201.
REPRESENTED BY THE BISHOP 3. THE SACRED HEART CATHEDRAL B.H.ROAD, SHIVAMOGGA- 577 201, REPRESENTED BY ITS REVEREND FATHER.
4. ST.ANTHONY’S CHURCH SHANTHINAGAR, RAGIGUDDA HONNALI ROAD, SHIVAMOGGA CITY - 577 201 REPRESENTED BY ITS REVEREND FATHER 5. ST.MARY IMMACULATE CHURCH NEW TOWN, BHADRAVATHI – 577 301 REPRESENTED BY ITS REVEREND FATHER ... PETITIONERS (By Sri CYRIL PRASAD PAIS, ADVOCATE) AND:
1. MR.D.ANTHONY S/O LATE K.DEVARAJ, AGED ABOUT 66 YEARS, R/AT 3RD CROSS, JAYANAGAR SHIVAMOGGA CITY – 577 201.
2. A.JOSEPH MICHAEL S/O T.A.DAS, AGED ABOUT 43 YEARS, R/AT 3RD CROSS KANAKA BADAVANE, NEAR P & T COLONY, SOMINAKOPPA ROAD, SHIVAMOGGA – 577 201.
3. REV.ARCH BISHOP IGNATIUS PINTO R/O ARCH BISHIOP’S HOUSE, NO.47, MILLER’S ROAD, BENGALURU-560 064. ...RESPONDENTS (By Sri HARISH KUMAR M S, ADVOCATE FOR R1 & R2;
Notice to Respondent No.3 is dispensed with vide order dated 08.06.2016) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.08.2014 PASSED BY THE 2ND ADDL.CIVIL JUDGE (SR.DN. SHIVAMOGGA IN O.S.NO.263/1998 AND CONSEQUENTLY ANSWER ISSUE NO.6 IN THE NEGATIVE AND DIRECT THE R-1 & 2 TO PAY COURT FEE ON THE MARKET VALUE OF THE PROPERTY BY FILING A FRESH VALUATION SLIP VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Defendants No.1k to 5 in O.S.No.263 of 1998 on the file of the Principal Civil Judge (Sr.Dn.), Shivamogga, has come up in this writ petition impugning the order dated 28.08.2014 passed on I.A.No.6.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.263 of 1998 is looked into in the website of Shivamogga District Court. It is seen that O.S.No.263 of 1998 has already been disposed of vide judgment dated 28.11.2018. Therefore, nothing survives for consideration in this writ petition as the same has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous.
Sd/- JUDGE dh