IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.43126/2017 (GM – CPC) BETWEEN:
SRI CHOMMEGOWDA S/O LATE BADEERE GOWDA AGED ABOUT 60 YEARS R/AT D.SAMUDRAVALLI VILLAGE DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116. ... PETITIONER [BY SMT R.RADHA, ADV.] AND:
1. SMT.NEELAMMA W/O SHIVEGOWDA AGED ABOUT 34 YEARS 2. SMT.LAKKAMMA W/O CHOMMEGOWDA AGED ABOUT 56 YEARS 3. SMT.ANUSUYA W/O PUTTAIAH AGED ABOUT 36 YEARS ALL ARE R/AT D.SAMUDRAVALLI VILLAGE DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573116. …RESPONDENTS [R-2 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 26.08.2017 PASSED IN THE I.A. FILED UNDER SECTION 63 OF THE INDIAN EVIDENCE ACT R/W SECTION 151 OF CPC IN O.S.291/2008 ON THE FILE OF THE HON’BLE PRL. CIVIL AND JMFC CHANNARAYAPATNA AT ANNEXURE-A AND IN TURN ALLOW THE SAID I.A. UNDER SECTION 63 OF THE INDIAN EVIDENCE ACT R/W SECTION 151 OF CPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 26.08.2017 on I.A filed under Section 63 of the Indian Evidence Act r/w Section 151 of CPC in O.S.No.291/2008 on the file of the Principal Civil Judge and JMFC at Channarayapatna ['Trial Court' for short].
2. It is discerned that the said O.S.No.291/2008 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.