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 Nos.51776/2017 AND 53071/2017 (GM – CPC) BETWEEN:
SRI K CHANDRASHEKAR S/O VENKATESHA GOWDA AGED ABOUT 61 YEARS RESIDING AT BANAKANAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK, NOW RESIDING AT BUILDING NO.3T/2, KAMAT COMPLEX, TONCA-CARANZIEF GOA 403 002.
... PETITIONER [BY SRI SURESH BALU B N, ADV.] AND:
SRI VIJAY KUMAR M.B.B.S DEAD BY LRS 1. SMT. VANISHREE W/O VIJAY KUMAR AGED ABOUT 42 YEARS 2. MASTER SHASHANK S/O VIJAYAKUMAR AGED ABOUT 15 YEARS SINCE MINOR REPRESENTED BY HIS NEXT FRIEND AND NATURAL GUARDIAN THE MOTHER SL. NO.1 BOTH ARE RESIDING AT C/O M. MUNISWAMY NO.990, 39TH CROSS, 20TH MAIN, 4TH BLOCK, JYANAGAR BENGALURU 560 046.
3. SMT. LAKSHMI W/O ROSAHN AGED ABOUT 40 YEARS RESIDENT OF BANAKANAHALLI VILLALGE, VOKKALERI HOBI, KOLAR TALUK 563 130.
CHANDRAPPA DEAD BY LRS 4. SMT. PRAMEELAMMA W/O L ATE CHANDRAPPA AGED ABOUT 52 YEARS 5. SRI. C. HARISH S/O LATE CHANDRAPPA AGED ABOUT 30 YEARS BOTH ARE RESIDING AT POOJAPPANAVARAMANE, 8TH CROSS, 2ND MAIN WARD NO.150, HALE BELLANDUR, BANGALORE EAST 560 103.
6. B.N. NATARAJ S/O LATE NANJUNDA GOWDA AGED ABOUT 60 YEARS 7. H.G. RAMACHANDRA GOWDA S/O GOPALA GOWDA AGED ABOUT 55 YEARS 8. G. DEVEGOWDA S/O GOPALA GOWDA AGED ABOUT 47 YEARS 9. ASWATHNARAYANA GOWDA S/O CHIKKAVEERE GOWDA AGED ABOUT 63 YEARS 10. MUNINARAYANA GOWDA S/O KRISHNA GOWDA AGED ABOUT 47 YEARS 11. B.N. SOME GOWDA S/O NANJUNDE GOWDA AGED ABOUT 64 YEARS 12. VISWANATHA GOWDA S/O NANJUNDE GOWDA AGED ABOUT 62 YEARS 13. B.N. NAGARAJ S/O NANJUNDE GOWDA AGED ABOUT 60 YEARS 14. B.N. CHIDANANDA S/O NANUNDE GOWDA AGED ABOUT 55 YEARS RESPONDENT Nos. 6 TO 14 ARE RESIDENTS OF BANAKANAHALLI VILLAGE, VOKKALERI HOBI, KOLAR TALUK 563 130.
15. GOPALAPPA S/O MUNISHAMAPPA @ DODDAPPAIAH AGED ABOUT 62 YEARS RESIDING AT KOOTHANDAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK 563130.
…RESPONDENTS [BY SRI G PAPI REDDY, ADV. FOR R-15 R-4, R-5, R-7 TO R-14 ARE SERVED AND UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:4.11.2017 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT KOLAR IN O.S.NO.553/2006 DISMISSING THE IA NO.36 FILED UNDER ORDER 1 RULE 10[2] READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEFURE AND IA NO.37 FILED UNDER ORDER VI RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE-J AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R These writ petitions are filed against the order dated 04.11.2017 on I.A.Nos.36 and 37 in O.S.No.553/2006 on the file of the II Additional Senior Civil Judge and JMFC at Kolar ['Trial Court' for short].
2. It is discerned that the said O.S.No.553/2006 has been disposed of by the Trial Court and hence, writ petitions do not survive for consideration.
In view of the aforesaid, writ petitions stand dismissed as having rendered infructuous.
Sd/- JUDGE PMR