IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.25845 OF 2015 (GM-CPC) BETWEEN:
1. SMT.SHAHIN BEGUM W/O SRI. ABDUL KHALEEL 56 YEARS, HOUSE HOLD WORK R/O NEHRU NAGARA CHITRADURGA – 577 501.
2. SMT.SHAMSHAD BEGUM W/O SRI.ATAULLA SAB 54 YEARS, HOUSE HOLD WORK BORAJJANAHATTY CHITRADURGA – 577 501.
3. SMT.DILSHAD BEGUM W/O SRI.SHAFIULLA 52 YEARS, HOUSE HOLD WORK R/O HORAPET CHITRADURGA – 577 501.
4. SRI.SYED NAZIR @ NAZIR HUSSAIN S/O LATE SYED GARIB SAB 50 YEARS, HELPER, RAILWAY DEPARTMENT MYSURE – 570 001.
(BY SRI.MADHUKAR NADIG, ADVOCATE) AND:
...PETITIONERS 1. SRI.DADAPEER S/O LATE GAREB SAB 51 YEARS, MECHANIC R/O SANTHEMAIDAN CHITRADURGA – 577 501.
2. SRI.ZAKEER HUSSAIN S/O LATE GAREEB SAB 46 YEARS, R/O SANTHEMAIDAN CHITRADURGA – 577 501.
3. SRI. NAGARAJA SETTY S/O SRI. SHANKAR SETTY 48 YEARS, MERCHANT BEHIND AMOGA COMPLEX CHITRADURGA – 577 501.
4. SRI. MUNAVAR S/O SRI. HUSSAIN SAB 56 YEARS, CHAPPAL STORES BEHIND AMOGA COMPLEX CHITRADURGA – 577 501.
5. SRI. GIREESH S/O ANNAPPA 36 YEARS, BANANA MERCHANT BEHIND AMOGA COMPLEX CHITRADURGA – 577 501.
6. SMT.SHARIFA BI W/O LATE SYED MOHAMMED 67 YEARS, HOUSE HOLD WORK NEAR SAPTHAGIRI CHIKEN CENTER SANTHEMAIDANA CHITRADURGA – 577 501.
7. SRI. SRINATH S/O SRI.THIPPAREDDY 45 YEARS, CHIKEN MERCHANT NEAR SAPTHAGIRI CHIKEN CENTER SANTHEMAIDANA CHITRADURGA – 577 501.
8. SRI.ASLAM PASHA S/O SRI.AMANULLA 51 YEARS, FISH MERCHANT CHITRADURGA – 577 501.
...RESPONDENTS (BY SRI.B.M.SIDDAPPA, ADVOCATE, FOR R-1 & 2 VIDE ORDER DATED 28/4/2015, NOTICE TO R-3 TO R-8 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 8.6.2015 PASSED IN O.S. 53/2004 BY THE HON’BLE I ADDL.SENIOR CIVIL JUDGE CHITRADURGA ON I.A. NO.18 FILED BY THE PETITIONERS UNDER ORDER 16 RULE 6 & 7 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE VIDE ANN–G BY ALLOWING THE WP FILED THE PETITIONERS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Plaintiffs in O.S.No.53/2004 on the file of the I Additional Senior Civil Judge, Chitradurga, have come up in this Writ Petition impugning the order dated 08.06.2015 passed on I.A.No.18.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.53/2004 is looked into in the e-courts website of Chitradurga District. On going through the same, it is seen that O.S.No.53/2004 has already been disposed of on merits by judgment dated 28.03.2018. 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 Prs*