IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 13525 OF 2017 (GM-CPC) BETWEEN:
SRI A NANJAPPA, S/O LATE CHANNAPPA, AGED ABOUT 70 YEARS, R/A NO.15, BEHIND TRIMURTHY PUBLIC SCHOOL, II STAGE, K V MUNIYAPPA GARDEN LAYOUT, K R PURAM, BANGALORE-560036.
(BY SRI. B T INDUSHEKAR, ADVOCATE) AND:
1. SMT S MANJULA BAI, W/O S R SUNDAR RAO, AGED ABOUT 63 YEARS, 2. SRI S R SUNDAR RAO, S/O LATE S R RAO, AGED ABOUT 67 YEARS, BOTH ARE R/A NO.15/16, 10TH CROSS, VIJAYA BANK COLONY, K R PURAM, BANGALORE-560036.
… PETITIONER … RESPONDENTS (BY SRI. S M KULKARNI, ADVOCATE FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.2819/2012 PENDING ON THE FILE OF THE LEARNED ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE AND SET ASIDE/ QUASH THE ORDER DATED.1.2.2017 ANNX-A FOR HAVING DISMISSED THE I.A.NO.5 FILED BY THE DEFENDANT/ PETITIONER HEREIN UNDER SECTIONS 33 AND 34 OF KARNATAKA STAMP ACT AND THEREBY ALLOW THE APPLICATION AT I.A.NO.5 FILED BEFORE THE TRIAL COURT BY THE PETITIONER HEREIN AND ORDER FOR IMPOUNDING THE DOCUMENT I.E., RENTAL AGREEMENT/LEASE AGREEMENT DATED 20.7.2006 WHICH IS MARKED AS EX-P3.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The order impugned in this writ petition having emanated from the suit in O.S.No.2819/2012 and now that the main suit itself has been disposed off vide Judgment & Decree dated 13.03.2019, nothing survives for consideration in this writ petition and the same is accordingly disposed off keeping open all grounds and remedies otherwise available to the parties.
No costs.
Sd/- JUDGE Bsv