IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.2039 OF 2018 (GM-FC) BETWEEN MRS. SHUBHA FERNANDES AGED ABOUT 36 YEARS, W/O SANTHOSH VICTOR FERNANDES & D/O SEBESTIAN PALS R/AT ‘MISPA’, BEHIND CHURCH COMPOUND KALPANE ROAD KULSHEKAR, MANGALURU-575005 (BY SRI.HARINATH M S, ADV.) AND MR. SANTHOSH VICTOR FERNANDES AGED ABOUT 45 YEARS S/O JOSEPH FERNANCES R/AT VODERHOBLI NEAR BADAKODY TEMPLE T.T. ROAD KUNDAPURA-576201 UDUPI DISTRICT ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN M.C.NO.379/2016 OF THE TRIAL COURT AND TO SET-
ASIDE THE COMMON ORDERS DTD 28.11.2017 ANNX-1 BY DISMISSING THE I.A.NO.3 FILED BY THE THIRD PARTY BY REPRESENTING THE RESPONDENT HEREIN UNDER ORDER III RULE 2 READ WITH SECTION 151 OF CPC SEEKING PERMISSION TO THE POWER OF ATTORNEY TO GIVE EVIDENCE ON HIS BEHALF AND ALSO BY DISMISSING THE I.A.NO.5 FILED BY THE SAME THIRD PARTY REPRESENTING THE RESPONDENT SEEKING SETTING ASIDE THE ORDER OF EX-PARTE PASSED AGAINST HIM AS BOTH THE SAID APPLICATIONS HAS BEEN ALLOWED BY THE TRIAL COURT AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In view of the peremptory order dated 11.01.2019, writ petition is dismissed.
Sd/- JUDGE dn/-