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.4496/2018 (GM - CPC) BETWEEN:
SMT. ROSLINE D’SOUZA NEE ROSY MONTHEIRO W/O. FRANCIS D’SOUZA AGED ABOUT 63 YEARS, R/AT BAJAL POST, SAIBARA GUDDE, THANDOLIGE BAJAL, MANGALORE D.K. ... PETITIONER (BY SRI SACHIN B.S., ADVOCATE) AND:
MRS. AGENS MONTHEIRO SINCE DECEASED BY HIS LRs.
1. AJJI MONTHEIRO S/O. LATE CASMIR MONTHEIRO AGED ABOUT 79 YEARS, R/AT BOLLA HOUSE, BAJAL POST, MANGALORE – 575 001.
2. LADIN MONTHEIRO S/O. LATE CASMIR MONTHEIRO AGED ABOUT 69 YEARS, R/AT HOIGERASHI, KATTAPUNI HOUSE, JEPPINAMOGARU, MANGALORE.
3. WALTER MONTHEIRO S/O. LATE CASMIR MONTHEIRO AGED ABOUT 65 YEARS, R/AT BOLLA HOUSE, BAJAL POST, MANGALORE – 575 001.
4. SMT. MARCELINE D’SOUZA NEE MONTHEIRO, D/O. LATE CASMIR MONTHEIOR, W/O. FEDRIC D’SOUZA AGED ABOUT 77 YEARS, R/AT KOGANGE KATTAPUNI HOUSE, JODUMARGA, BANTWAL – 574 211.
5. SMT. FLORINE D’SOUZA NEE MONTHEIRO, D/O. LATE CASMIR MONTHEIOR W/O. LOUIS D’SOUZA AGED ABOUT 69 YEARS, R/AT BANDASALE HOUSE, ULLAL POST, MANGALORE TALUK – 575 001. ... RESPONDENTS (BY SRI H.C. SHIVARAMU, ADVOCATE FOR R-1 & R-3; R-2, R-4 & R-5 – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.11.2017 PASSED ON IA NO.24 IN O.S.NO.19 OF 2012 ON THE FILE OF 3RD ADDITIONAL SENIOR CIVIL JUDGE MANAGLORE D.K. AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW IA NO.24.
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 23/11/2017 on I.A.No.24 in O.S.No.19/2012 on the file of III Additional Senior Civil Judge at Mangalore, D.K. ['Trial Court' for short].
2. It is discerned that the said O.S.No.19/2012 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*