IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION No.46355/2017 (GM CPC) BETWEEN:
1. MR SIDDANANJAIAH, S/O LATE MARISIDDAIAH, AGED ABOUT 71 YEARS, R/AT DODDATHIMMAIAHNA PALYA, URDIGERE HOBLI, TUMAKUR TALUK-572140 2. MR. CHIKKAGANGAIAH, S/O LATE MARISIDDAIAH, AGED ABOUT 68 YEARS, R/AT DODDATHIMMAIAHNA PALYA, URDIGERE HOBLI, TUMAKUR TALUK-572140. ... PETITIONERS (BY SRI SHASHIDHARA M R, ADV.) AND:
1. JAYAMMA W/O GANGAPPA, AGED ABOUT 55 YEARS, 2. MRS. PADMAVATHI, W/O LAKSHMIRANGAIAH, AGED ABOUT 53 YEARS, 3. MRS. HEMAVATHI W/O NANJUNDAIAH AGED ABOUT 50 YEARS, 4. MR. D.K.RAMAIAH S/O KEMPAIAH AGED ABOUT 65 YEARS, 5. MRS. ERAMMA W/O ERAIAH, AGED ABOUT 80 YEARS, DEFENDANTS 1 TO 5 ARE RESIDENTS OF DODDATHIMMAIAHNAPALYA VILLAGE, PEMMANAHALLI MAJRE, URDIGERE HOBLI, TUMAKUR TALUK-572140.
6. MRS. LAKSHMAKKA, W/O LATE CHIKKAPAPAIAH, AGED ABOUT 60 YEARS, R/AT KITTAGANAHALLI VILLAGE, GULURU HOBLI, TUMAKUR TALUK-572140.
7. MRS. GOWRAMMA, W/O LATE GANGASIDDAIAH, AGED ABOUT 55 YEARS, R/AT KODIGENAHALLI VILLAGE, GULURU HOBLI, TUMAKUR TALUK-572140 8. GANGEERAMMA SINCE DEAD BY HER LRS 8a) MRS. SUJATHA, D/O LATE GANGEERAMMA, W/O GOPALAKRISHNA, AGED ABOUT 65 YEARS, R/AT DODDATHIMMAIAHNAPALYA, HIREHALLI POST, URDIGERE TALUK, TUMKUR DISTRICT-572140.
8b) MRS. GIRIJAMMA, D/O LATE GANGEERAMMA, DEAD BY HER LRS, 8b1) MRS. ASHA, D/O LATE GIRIJAMMA, AGED ABOUT 38 YEARS, 8b2) MRS. USHA D/O LATE GIRIJAMMA AGED ABOUT 36 YEARS, 8b3) MR. NAGARAJA S/O LATE GIRIJAMMA, AGED ABOUT 24 YEARS, LRs OF 8a), 8b)’s LRs 1,2) AND 3) ARE R/AT KODIGENAHALLI VILLAGE, GULURU HOBLI, TUMAKUR TALUK, TUMKUR DISTRICT-572140.
8c) MRS. KAMALAMMA, W/O P.M.THIMMAPPA, AGED ABOUT 40 YEARS, R/AT D.NO.333, 1ST BLOCK, PEENYA, BENGALURU-560058.
8d) MR. NATARAJU, S/O LATE GANGEERAMMA, AGED ABOUT 40 YEARS, R/AT C/O P.M.THIMMAPPA, D.NO.333, 1ST BLOCK, PEENYA, BENGALURU-560058. ... RESPONDENTS (R-1, 2, 3, 4, 8(b3), 8c, 8d – ARE SERVED;
V/O DT. 21.11.2017 NOTICE TO R5 TO 7, R8(a), 8(b1) & 8(b2) ARE DISPENSED WITH.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.9.2017 PASSED ON I.A. FOR AMENDMENT IN O.S.496/2004 PASSED BY THE HON'BLE 1ST ADDL. CIVIL JUDGE (JD) AND JMFC AT TUMKUR REJECTING THE APPLICATION FOR AMENDMENT FILED UNDER ORDER VI RULE 17 FOR AMENDMENT VIDE ANNEX-A OF W.P. ETC.
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 14.09.2017 on I.A filed under Section 151 of CPC in O.S.No.496/2004 on the file of the I Additional Civil Judge and 2nd JMFC at Tumakuru ['Trial Court' for short].
2. It is discerned that the said O.S.No.496/2004 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 NC CT-HR