IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No. 34427/2016 (GM – CPC) BETWEEN:
SRI CHOUDAIAH S/O LATE CHOUDAIAH @ KARAGAIAH AGED ABOUT 63 YEARS R/A NO.113, HONASE MARADHA KERI RAMANAHALLI VILLAGE KASABA HOBLI MYSORE TALUK-570001 [BY SRI M SHIVAPRAKASH, ADV.] AND:
1. SMT MADAMMA W/O CHOUDAIAH AGED MAJOR R/A RAMANAHALLI VILLAGE KASABA HOBLI MYSORE TALUK-570001 2. THE ASSISTANT COMMISSIONER MYSORE SUB DVN MYSORE-570001 3. THE EXECUTIVE ENGINEER ... PETITIONER KARNATAKA WATER AND SEWAGE BOARD II DIVISION MYSORE-570001 …RESPONDENTS [BY SRI RAVI H K, ADV. FOR R-1 SRI ANANDESHWAR D R, HCGP FOR R-2 SRI H.N.SHASHIDHARA, ADV. FOR R-3) - 2 -
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AT MYSORE IN EX.843/2009 AND QUASH THE IMPUGNED ORDER PASSED BY THE TRIAL COURT ON I.A1 ON THE FILE OF II ADDITIONAL SR. CIVIL JUDGE, AT MYSORE IN EX 843/2009 DATED: 18.04.2016 AT ANNEXURE-D AND CONSEQUENTLY ALLOW THAT I.A. A FILED BY THE PETITIONER UNDER SEC. 47 R/W ORDER XXI RULE 58 OF CPC AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 18.04.2016 on I.A.No.1 in Ex.No.843/2009 on the file of the II Additional Senior Civil Judge, Mysore ['Trial Court' for short].
2. It is discerned that the said Ex.No.843/2009 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 PMR