IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.7732/2018 (LB-BMP) BETWEEN:
SRI H GOVINDAPPA AGED ABOUT 61 YEARS, S/O LATE HANUMANTHAPPA RESIDING AT HORAMAVU AGRAHARA HORAMAVU POST VENKATALAKSHMAMMA (BANGARAMMA) COMPOUND, BENGALURU EAST TALUK BENGALURU – 560 043.
… PETITIONER (BY SRI. R. CHANDRANNA, ADVOCATE) AND:
1. SRI B J DEEPAK AGED ABOUT 53 YEARS, S/O LATE B L JANAKIRAM OCC: BUSINESS 2. SMT JAYALAKSHMI DEEPAK AGED ABOUT 49 YEARS W/O B J DEEPAK OCC: HOUSEWIFE 3. THE COMMISSIONER BBMP, N R SQUARE BENGALURU – 560 002.
4. THE ASSISTANT EXECUTIVE ENGINEER HORAMAVU AGARA DIVISION BBMP BENGALURU – 560 043.
… RESPONDENTS (BY SRI. K.V. MOHAN KUMAR, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTED 9.8.2017 PASSED BY THE KAT BENGALURU, DISMISSING THE APPLICATION FILED BY THE PETITIONER UNDER ORDER I RULE 10 OF CPC AT ANNEX-A AND ALSO ALLOW THE APPLICATION OF THE PETITIONER TO IMPLEAD HIM AS A PARTY RESPONDENT IN APPEAL NO. 43/2016 ON THE FILE OF KAT., BENGALURU AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo and states that the petition was filed in connection with the proceedings in Appeal No.43/2016 and as the said appeal has now been disposed of, relief sought for in the present petition does not survive for consideration.
In light of memo and the submission made, petition is dismissed as having become infructuous. However, the contentions of the parties are kept open.
In view of dismissal of the petition, no further compliance is required from the petitioner.
Sd/- JUDGE VP