IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.28963 OF 2017 (GM-CPC) BETWEEN:
1 . SRI. K.P.PONNAPPA, S/O LATE K.P.POOVAIAH, AGED 28 YEARS, PUSHIA ESTATE, CHERALASRIMANGALA VILLAGE, CHETTALLI POST SOMWARPET TALUK, KODAGU-571 236.
2 . SMT. K.P.LAKSHMI, D/O LATE K.P.POOVAIAH, AGED 26 YEARS, PRESENTLY R/O FLAT NO. 5083, SHOBA IRES APPARTMENTS, DEVARABISANAHALLI ARCH, OUTER RING ROAD, BENGALURU - 560 102.
THE PETITIONERS ARE REPRESENTED BY THEIR MOTHER AND GENERAL POWER OF ATTORNEY SMT. K.G.KAVERI, D/O LATE K.M.GANAPATHY, PRESENTLY R/O PUSHIA ESTATE, CHETTALLI POST, SOMWARPET TALUK-571 236.
... PETITIONERS (BY SRI. PRASHANTH CHANDRA S.N., ADVOCATE) AND:
SRI. K.W.CHANGAPPA, S/O LATE KONGETTIRA P UTHAIAH, AGED ABOUT 70 YEARS, CHETTALLI VILLAGE AND POST, SOMWARPET TALUK, KODAGU DISTRICT-571 236.
(BY SMT. V.VIDYULATHA, ADVOCATE) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.17.2.2017 AT ANNEXURE-E IN O.S.NO.16/2011 ON THE FILE OF THE CIVIL JUDGE (SR.DN) MADIKERI, AS BEING ILLEGAL, ARBITRARY AND WITHOUT APPLICATION OF MIND; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo of even date stating that the suit in O.S.No.16/2011 from which the impugned order has emanated has been decreed on 30.08.2019 and therefore, the prayer sought in the writ petition has become infructuous and he may be permitted to withdraw the petition as not pressed. The memo is placed on record.
Accordingly, petition stands dismissed as not pressed in terms of the memo filed.
Sd/- JUDGE DS