IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.36494/2016 (GM – CPC) BETWEEN:
1. SRI A.KIRAN KUMAR S/O SRI AMICHAND AGED 42 YEARS 2. SRI A.RAJESH KUMAR S/O SRI AMICHAND AGED 33 YEARS BOTH ARE R/AT NEAR SRI RAGHAVENDRA SWAMY MUTT CHITRADURGA-577501. ... PETITIONERS [BY SRI MADHUKAR NADIG, ADV.] AND:
1. SRI GOWTHAM REDDY S/O SRI PAPI REDDY AGED 60 YEARS 2. SRI SAMATHA REDDY D/O SRI GOWTHAM REDDY AGED 25 YEARS BOTH ARE R/AT NEAR JAMIYA MASJID CHIKKAPET CROSS CHITRADURGA-577501. …RESPONDENTS [BY SRI T.JAYAPRAKASH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.06.2016 PASSED IN M.A.3/2016 BY THE HON’BLE II ADDL. SR. CIVIL JUDGE CHITRADURGA FILED UNDER ORDER 43 RULE 1 AND 2 OF CPC AND ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER 39 RULE 1 AND 2 OF CPC AND ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER 39 RULE 1 AND 2 OF CPC [I.A.NO.1] AND CONSEQUENTLY SET ASIDE THE IMPUGNED ORDER DATED 02.02.2016 PASSED IN O.S.NO.613/2015 BY THE HON’BLE 1ST ADDL., CIVIL JUDGE AND JMFC CHITRADURGA AT ANNEXURE-D AND ETC., THIS 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 orders dated 02.02.2016 on I.A. in O.S.No.613/2015 on the file of the I Additional Civil Judge and JMFC at Chitradurga ['Trial Court' for short].
2. It is discerned that the said O.S.No.613/2015 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.