IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.128 OF 2017 (GM-CPC) BETWEEN:
SRI. C.V. RAJASHEKHAR, S/O LATE SRI C P VEERABHADRAPPA, AGED ABOUT 81 YEARS, R/AT “AMRUTHA”, OPP.TATA INDICOM TOWER, MAIN ROAD, ARAVINDANAGARA (7TH DAY SCHOOL), CHIKKAMAGALURU-577101. ... PETITIONER (BY SRI. K S GANESHA, ADVOCATE) AND:
1. SMT. C.R. VASANTHI KUMARI, W/O SRI K M C MALLIKARJUNA, D/O SRI C V RAJASHEKHARA, AGED ABOUT 46 YEARS, R/AT NO.379, OUT HOUSE, GROUND FLOOR, 19TH MAIN, 1ST BLOCK, RAJAJINAGAR, BENGALURU-560010 2. SRI. C.R. VIJAYA KUMAR, S/O SRI C.V. RAJASHEKHAR, AGED ABOUT 55 YEARS, R/AT “AMRUTHA”, OPP.TATA INDICOM TOWER, MAIN ROAD, ARAVINDANAGARA, (7TH DAY SCHOOL), CHIKKAMAGALURU-577101 3. SRI. C.R. MOHAN KUMAR, S/O SRI. C.V. RAJASHEKHAR, AGED ABOUT 45 YEARS, SINCE DEAD BY HIS LRS A. SMT. K.M. BHAGYA, AGED ABOUT 47 YEARS, W/O LATE SRI C.R. MOHAN KUMAR, B. KUM. C.M. ANUSHA, AGED ABOUT 16 YEARS, D/O LATE SRI. C.R. MOHAN KUMAR, REPRESENTED BY HER MOTHER SMT. K.M. BHAGYA, C. MASTER C.M. ARUN, AGED ABOUT 14 YEARS, S/O LATE SRI. C.R. MOHAN KUMAR, REPRESENTED BY HIS MOTHER SMT. K.M. BHAGYA, RESPONDENTS 3(A) TO (C) ARE RESIDING AT C/O K.M. THAMMAIAH, S/O MALLAPPA SHETTY, HEAD MASTER, RESIDENT OF MATTAVARA, MUGTHIHALLI POST, CHIKKAMAGALURU TALUK PIN-577133.
4. SRI C.R. MAHESHA, S/O LATE SRI. C.V. RAJASHEKHAR, AGED ABOUT 48 YEARS, R/AT “AMRUTHA”, OPP. TATA INDICOM TOWER, MAIN ROAD, ARAVINDANAGARA, (7TH DAY SCHOOL) CHIKKAMAGALURU-577101.
5. SRI. C.R. REMORA PRASAD, S/O SRI. C.V. RAJASHEKHARA, AGED ABOUT 42 YEARS, R/AT VIJAYA COFFEE WORKS, SHETTARA BEEDHI, CHIKKAMAGALURU-577101.
6. SRI C. SHAJI, S/O BALAN NAYAR, AGED ABOUT 42 YEARS, MALNAD TYRES, I.G. ROAD, OPP. SYNDICATE BANK CHIKKAMAGALURU-577101.
7. SRI. KATIGENAVAR SURESH HANUMANTHAPPA, AGED ABOUT 41 YEARS, HEGGADE BUILDING, NEAR NEW PETROL BUNK, KAATIHALLI KOPPALU, HASSAN, PIN-573201. ... RESPONDENTS (BY SRI. B. PRAMOD, ADVOCATE FOR R1;
NOTICE TO R2 TO R7 IS D/W V/O DATED 7.11.2017) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:2.11.2016 PASSED BY THE 2ND ADLDL SENIOR CIVIL JUDGE, CHIKKAMAGALUR, DISMISSING THE I.A.NO.17 FILED BY THE PETITIONER UNDER U/O XXVI RULE 10(a) OF CPC, WHICH IS AT ANNEXURE-H TO THE WRIT PETITION, UNDER THE FACTS AND CIRCUMSTANCES AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The writ petition is stated to have become infructuous inasmuch as the suit from which the impugned order emanated is stated to have been disposed off on 25.09.2019, going by the assertion of the learned counsel for the respondent.
Accordingly, the writ petition is disposed off reserving liberty to the petitioner to work out his grievance elsewhere, in accordance with law.
Costs made easy.
Sd/- JUDGE cbc