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 No.48888/2017 (GM CPC) BETWEEN:
SRI CHIKKA KEMPAIAH, S/O LATE MARIYAPPA, AGED ABOUT 75 YEARS, R/O KALASANAHALLI VILLAGE, NITTURU HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572216. ... PETITIONER (BY SRI DAYANANDA, ADV.) AND:
1. SMT. CHANDRAKALA, D/O CHIKKA KEMPAIAH, W/O DINESH KUMAR, AGED ABOUT 40 YEARS, 2. SMT. PREMA KUMARAI, D/O CHIKKA KEPAIAH, AGED ABOUT 37 YEARS, BOTH ARE R/AT AKANAHALLI VILLAGE, KATTEGOLAHALLI POST, GULURU HOBLI, TUMKUR TALUK & DISTRICT-572118.
3. SRI SIDDARAJU, S/O CHIKKA KEMPAIAH, AGED ABOUT 37 YEARS, 4. SRI CHIKKANNA, S/O AJJANNA, SINCE DEAD BY HIS LRS, 4(a) SMT. NANJAMMA, W/O LATE CHIKKANNA, AGED ABOUT 64 YEARS, 4(b) SRI MANJUNATH, S/O LATE CHIKKANNA, SINCE DEAD BY HIS LRS 4(b)(a) SMT.B.DHANALAKSHMI, W/O LATE. MANJANNA @ MANJUNATHA, AGED ABOUT 28 YEARS, 4(b)(b) SRI K.M.MOHAN KUMAR S/O LATE MANJANNA @ MANJUNATHA AGED ABOUT 7 YEARS, REPRESENTED BY NATURAL GUARDIAN SMT. M.B.DHANALAKSHMI 5. SMT. LAKSHMI DEVAMMA, D/O LATE CHIKKANNA, AGED ABOUT 30 YEARS, ALL ARE RESIDING AT KALASANAHALLI VILLAGE, NITTURU HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572216. ... RESPONDENTS (BY SRI P.H.VIRUPAKSHAIAH, ADV. FOR R-1[A], R-4[A], 4[B][A] AND R-5; R1, 2, 3 ARE SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ANNEX-D THE ORDER DATED 19.8.2017 REJECTING I.A. FILED UNDER ORDER SEC. 151 OF CPC PASSED BY THE SR. CIVIL JUDGE AND JMFC, AT GUBBI IN O.S.4/2010 AND ALLOW THE SAME BY ALLOWING THIS W.P. ETC.
THIS WRIT 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 order dated 19.08.2017 on I.A filed under Section 151 of CPC in O.S.No.4/2010 on the file of the Principal Senior Civil Judge and JMFC at Gubbi ['Trial Court' for short].
2. It is discerned that the said O.S.No.4/2010 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 CT-HR