IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.10275 OF 2017 (GM-CPC) BETWEEN:
SRI HANUMANTHARAYAPPA AGED ABOUT 46 YEARS, S/O. LATE APPAYANNA, R/O. NO.198, EKABEHALLA, SRIGANDHA KAVALU, SUNKADAKATTE, VISWANEEDAM POST, YESHWANTHAPURA HOBLI, BENGALURU – 560 091.
(BY SRI D.R.SUNDARESHA, ADV.,) ... PETITIONER AND:
SRI RAMACHANDRAIAH N. S/O. NADAKERAPPA (LATE), AGED ABOUT 50 YEARS, R/O. VARALAKSHMI NURSING COLLEGE, VISWANEEDUM POST, SRIGANDHA KAVALU, YESHWANTHAPURA HOBLI, BENGALURU – 560 091.
…RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.14.2.2017 ON I.A.NO.12 FILED UNDER ORDER 18 RULE 17 CPC PASSED BY THE PRINCIPAL CIVIL JUDGE, SR.DN. IN O.S.NO.689/2014 FILED BY THE D-1/R-1 TO RECALL PW.1 FOR CROSS- EXAMINATION OF THE D-1 VIDE ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioner submits that in view of the subsequent development arrived at between the parties, writ petition does not survive for consideration as having become infructuous.
2. The said submission of the learned counsel for the petitioner is placed on record. Accordingly, petition is dismissed as having become infructuous.
Sd/- JUDGE PB