IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.55940 OF 2015 (GM-CPC) BETWEEN:
1. SRI.GOVINDARAJU AGED ABOUT 47 YEARS S/O SRI.VENKATAGIRISHETTY RESIDING AT KOTHAGEREPALYA KOTHAGERE HOBLI KUNIGAL TALUK – 572 130.
2. SRI.RANGASWAMY AGED ABOUT 45 YEARS S/O SRI.VENKATAGIRISHETTY RESIDING AT KOTHAGEREPALYA KOTHAGERE HOBLI KUNIGAL TALUK – 572 130.
...PETITIONERS (BY SRI.Y.K.NARAYANA SHARMA, ADVOCATE) AND:
1. SRI.B.RUDRAIAH AGED ABOUT 76 YEARS S/O LATE BHADRAIAH RESIDENT OF BHAGENAHALLI VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK – 572 130.
2. SMT.SAROJA AGED ABOUT 40 YEARS. RESIDENT OF JANATHA ROAD HULIYURDURGA KUNIGAL TALUK – 572 130.
3. SMT.VASANTHA @ KOKILA AGED ABOUT 39 YEARS W/O SRI GANESHA D/O VENKATAGIRISHETTY RESIDENT OF MAHAVEERANAGARA T.M.ROAD, KUNIGAL – 572 130.
...RESPONDENTS (BY SRI.M.V.REVANASIDDAIAH, ADVOCATE FOR R-1 R-3 SERVED, VIDE ORDER DATED 8/7/2016 NOTICE TO R-2 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 2.12.2015 ON I.A.III IN O.S.NO.275/2009 BY THE COURT OF THE CIVIL JUDGE (JR.DN) AND JMFC AT KUNIGAL AS PER ANNEXURE-H AND BE PLEASED TO DISMISS THE SAID I.A.NO.III FILED BY THE R-1 IN THE SAID O.S.NO.275/2009 OR PASS OTHER APPROPRIATE ORDERS BY ALLOWING THIS WRIT PETITION WITH COSTS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Defendant Nos.2 and 1(c) in O.S.No.275/2009 on the file of the Principal Civil Judge and JMFC., Kunigal have come up in this Writ Petition impugning the interlocutory order dated 02.12.2015 passed on I.A.No.3.
2. When this matter is taken up for consideration this day, the stage of the original proceedings in O.S.No.275/2009 is looked into in the e-courts website of Tumkur District. On going through the same, it is seen that O.S.No.275/2009 has already been disposed of on merits by judgment dated 02.03.2017. Therefore, nothing survives for consideration in this Writ Petition as the same has become infructuous. Accordingly, this Writ Petition is dismissed as having become infructuous.
Sd/- JUDGE Prs*