IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO. 39172/2015 (GM-CPC) BETWEEN:
SRI. K. VIJAY KUMAR AGED ABOUT 47 YEARS S/O SRI. Y. KRISHNA REDDY R/AT NO.171/1, THUBARAHALLI VARTHUR MAIN ROAD BENGALURU-560 066.
...PETITIONER (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND:
SRI M.S. MAHADEVAIAH S/O SHIVANNA AGED ABOUT 41 YEARS R/AT NO.10/1, GROUND FLOOR LAKSHMINARAYANA COMPLEX PALACE ROAD, BENGALURU-560 052.
...RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.08.2015 REFUSING TO ALLOW THE APPLICATION DATED 17.08.2015 FOR GETTING CASE ADVANCED MADE IN O.S.NO.6775/2015 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-32) WHICH IS ENDORSED ON THE APPLICATION VIDE ANNEXURE-D TO THE W.P. & DIRECT THE TRIAL COURT TO GET THE SUIT ADVANCED TO AN EARLIER DATE AND DISPOSE OF THE APPLICATION FILED AS PER I.A.NO.1 UNDER ORDER XXXIX RULES 1 & 2 OF THE CODE OF CIVIL PROCEDURE DATED 04.08.2015 IN THE SAID ORIGIANL SUIT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel appearing for petitioner has filed a memo indicating thereunder that respondent/plaintiff has withdrawn the suit and as such this writ petition has become infructuous.
Said memo is placed on record. In view of the same, writ petition stands dismissed as having become infructuous.
SD/- JUDGE DR