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 Nos.26630-26631/2017 (GM CPC) BETWEEN:
SRI B K RAMAMURHTY, S/O LATE B.KRISHNAMURTHY, AGED ABOUT 68 YEARS, R/O “SUMUDRA NILAYA”, OPP S.L.N.CHOULTRY, 2ND CROSS, HANUMANTHAPURA TUMAKUR - 572 103. ... PETITIONER (BY SRI V B SIDDARAMAIAH, ADV.) AND:
1. SRI S G LAKSHMINARAYANA, S/O LATE S GURULINGAPPA, AGED ABOUT 48 YEARS, R/O SEEGALAHALLI, GOWDAGERE H OBLI, SIRA TALUK - 572 137, TUMAKURU DISTRICT.
2. SMT. THIPPAMMA, W/O RANGEGOWDA, AGED ABOUT 70 YEARS, R/O HOSUR, GOWDAGERE HOBLI, SIRA TALUK - 572 137 TUMAKURU DISTRICT. ... RESPONDENTS (R-1 AND R-2 ARE SERVED.) THESE WRIT PETITIONS ARE UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD:27.2.2017 PASSED BY COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, SIRA IN O.S.NO.22/2010 PASSED ON I.A. FILED BY THE PETITIONER FOR AMENDMENT OF THE PLAINT UNDER ORDER 6 RULE 17 OF CPC, VIDE 2 ANNEXURE-E AND CONSEQUENTLY ALLOW THE IA FILED BY THE PETITIONER VIDE ANNEXURE-C ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These writ petitions are filed against the order dated 27.02.2017 on I.A filed under Order 6 Rule 17 of CPC in O.S.No.22/2010 on the file of the Additional Civil Judge and JMFC, at Sira ['Trial Court' for short].
2. It is discerned that the said O.S.No.95/2005 has been disposed of by the Trial Court and hence, writ petitions do not survive for consideration.
In view of the aforesaid, writ petitions stand dismissed as having rendered infructuous.
Sd/- JUDGE NC CT-HR