IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.13548/2018 (GM – CPC) BETWEEN:
SMT.SHABANA W/O ABOOBAKKAR, AGED ABOUT 31 YEARS, R/AT FLAT NO.3, AKSHAYA APARTMENT, KARANGALAPADY, MANGALORE-575003.
REP BY HER POWER OF ATTORNEY HOLDER, V. ABDUL LATIF, S/O LATE V. IBRAHIM HAJI, AGED ABOUT 55 YEARS, R/AT NO.1-84, VAGGA HOUSE, KADABETTU VILLAGE, KADABETTU POST, BANTWALA TALUK, DK. DISTRICT-574211. ... PETITIONER [BY SRI YADAVA K., ADV.] AND:
1. SRI. K. KARAMATHULLA SAIT S/O. SULAIMAN SAIT, AGED ABOUT 71 YEARS, 2. SRI. K. KASIM SAIT S/O. SULAIMAN SAIT, AGED ABOUT 69 YEARS, 3. SRI. IQBAL SULAIMAN SAIT S/O. SULAIMAN SAIT, AGED ABOUT 55 YEARS, No.1 TO 3 R/AT SAIT MANSION, CHOLAPADY, KABBETTU KASBA VILLAGE, KARKALA TALUK, UDUPI DISTRIC-574104.
4. SMT. TAHIRA BHANU W/O. LATE RAHAMATHULLA SAIT, AGED ABOUT 58 YEARS, 5. MOHAMMAD ASHFAN SAIT S/O. LATE. RAHAMATHULLA SAIT, AGED ABOUT 31 YEARS, 6. MOHAMMAD PARVEZ SAIT S/O. LATE. RAHAMATHULLA SAIT, AGED ABOUT 25 YEARS, No.4 TO 6 ARE R/AT SADBHAVANA HOUSING SOCIETY, B WING, 604, SHAMSHUDDING MARG, CHAKALA, KAJUWADI, ANDHERI(EAST), MUMBAI-400069.
7. SMT. SUMATHI R. BALLAL W/O LATE DR. K.R. BALLA, AGED ABOUT 69 YEARS, 8. DR. PRIYA BALLA D/O. LATE DR. K. RATHNARAJ BALLA, AGED ABOUT 47 YEARS, 9. DR. DIVYA BALLA D/O. LATE DR. K. RATHNARAJ BALLA, AGED ABOUT 45 YEARS, No.7 TO 9 ARE R/AT KELLAGUTHU, SHIVA BHAG, KADRI, MANGALORE-575003.
10. SMT. VANAMALA BALLA W/O. LATE. K.M. BALLA, AGED ABOUT 67 YEARS, 11. SHARMILA BALLAL D/O. LATE. K.M. BALLA, AGED ABOUT 44 YEARS, 12. GAUTHAM BALLA S/O. LATE. K.M. BALLA, AGED ABOUT 39 YEARS, No.10 TO 12 ARE R/AT KELLAGUTHU, SABARBAIL VILLAGE, SABARBAIL POST, BELTHANGADI TALUK, DK. DISTRICT-574211. …RESPONDENTS [BY SRI GIRISHA R.J., ADV. FOR R-1 TO R-6;
SRI K.CHANDRANATH ARIGA, ADV. FOR R-7 TO R-12.] THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATD 19.02.2018 ON PASSED ON APPLICATION FILED UNDER ORDER III RULE 2 OF CPC IN O.S.14/2011 PASSED BY THE PRL. SR. CIVIL JUDGE AND JMFC AT BELTHANGADI VIDE ANNEX-G.
THIS 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 19.02.2018 on I.A filed under Order 3 Rule 2 of CPC in O.S.No.14/2011 on the file of the Principal Senior Civil Judge and JMFC at Belthangadi ['Trial Court' for short].
2. It is discerned that the said O.S.No.14/2011 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 disposed of as having rendered infructuous.
Sd/- JUDGE NC.