IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2017 BEFORE THE HON’BLE MR.JUSTICE H.G.RAMESH WRIT PETITION NO.2793/2013 (GM-CPC) BETWEEN:
SRI BEERAPPA S/O LATE KAMBATHAHALLI SIDDAPPA AGED ABOUT 39 YEARS AGRICULTURIST, R/O HALIVANA VILLAGE HARIHAR TALUK DAVANAGERE DISTRICT ... PETITIONER (BY SRI G.B.MANJUNATHA, ADVOCATE) AND:
1. SMT. CHANNABASAMMA W/O SIDDALINGAPPA AGED ABOUT 56 YEARS R/AT NANDIGAVI VILLAGE HARIHARA TALUK, DAVANAGERE DISTRICT – 577 601 2. SMT. KARIYAMMA W/O KARIYAPPA AGED ABOUT 63 YEARS R/AT HANUMANTHANA HALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT – 577 601 3. SRI THIPPANNA S/O SIDDALINGAPPA AGED ABOUT 46 YEARS R/AT NANDIGAVI VILLAGE HARIHAR TALUK DAVANAGERE DISTRICT – 577 601 ... RESPONDENTS (BY SMT. SNEHA SHASTRY G FOR SRI G.BALAKRISHNA SHASTRY,ADVOCATE FOR R1 & R3; R2 SERVED) WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.07.2012 PASSED IN M.A.NO.71/2012 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE, DAVANAGERE VIDE ANNEXURE-G AND THE ORDER DATED 2.3.2012 PASSED ON I.A.NO.2 IN O.S.NO.12/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, HARIHAR VIDE ANNEXURE-E BY ALLOWING THIS WRIT PETITION AND ALLOW THE APPLICATION [I.A.NO.2] FILED BY THE PETITIONER UNDE ORDER 39, RULES 1 AND 2 OF CPC.
WP COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
Learned counsel appearing for respondent nos.1 & 3 submits that the suit, out of which this writ petition has arisen, was dismissed for non-prosecution on 03.07.2013. Hence, the writ petition is disposed of as having become infructuous. If the suit is restored to file, the petitioner is at liberty to apply for restoration of this writ petition.
Petition disposed of.
Sd/- JUDGE hkh.