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.11790 OF 2017 (GM – CPC) BETWEEN:
Sri E.M.Rudrakumar Aged about 57 years S/o Sri M.A.Mallappagowda R/o Eshwarahalli Village Belagodu Post & Hobli Sakleshpura Taluk Hassan District- 573 214 [By Sri A. Ravishankar, Adv.] AND:
1. Sri. R. S. Umesh Aged About 54 years, S/o late Siddegowda, R/o Rameshwara Village, Palya hobli, Alur taluk-573213 2. Sri R S Neelakantappa Aged About 57 Years, S/o Late Siddegowda, R/o Rameshwara Village, Palya Hobli, Alur Taluk-573213 3. Sri M S Anitha Kumari Aged About 44 Years, W/o Sri R S Neelakantappa, R/o Rameshwara Village, Palya Hobli, Alur Taluk-573213 ... Petitioner 4. Kum Vinanthi Aged About 12 Years, S/o R S Neelakantappa, Since Minor, Represented by Natural Guardian i.e.His Mother 3rd Respondent Herein, Smt M S Anitha Kumari, R/o Rameshwara Village, Palya Hobli, Alur Taluk-573213 5. Sri E S Prakash Since Deceased by His LRS, 5 (a) Smt Renuka, Aged About 65 Years, W/o late E S Prakash, 5 (b) Sri E P Manjunath Aged About 44 Years, S/o Late E S Prakash, 5 (c) Sri E P Madhusudhan Aged about 41 years, S/o late E S Prakash, Respondents 5(a) to 5 (c) are R/of Eshwarahalli Village, Belagodu Post & Hobli, Sakaleshwpura Taluk-573134 6. Sri E M Vishwanath Aged about 64 years, S/o M A Mallappa Gowda, R/of Eshwarahalli Village, Belagodu Post & Hobli, Sakaleshwpura Taluk-573134 7. Sri R S Lingaraju Aged about 59 years, S/o late Siddegowda, Rameshwara Village, Palya Hobli, Alur Taluk-573213 [By Smt.Kavitha H.C. Adv. for R-1 R-2 & R-7 are served and unrepresented Notice to R-3, R-4, R-5(a) to (c) & R-6 is dispensed with V/o dated: 10.04.2017) …Respondents This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the order dtd: 28.2.2017 passed on preliminary issue [issue no.9] in O.S.No.59/2008 by the Additional Senior Civil Judge and JMFC, Hassan produced at Annexure-A and etc.
This 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 28.02.2017 in O.S.No.59/2008 on the file of the Additional Senior Civil Judge and JMFC, Hassan ['Trial Court' for short].
2. It is discerned that the said O.S.No.59/2008 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.
PMR Sd/- JUDGE