IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.40262 & 40902 OF 2014 (GM-CPC) BETWEEN:
SRI K VITTALDAS PAI S/O LATE NARAYAN PAI AGE ABOUT 64 YEARS NO.1/77, OLD AIR PORT ROAD PADAVINANGADI OPP. MAHALASA TEMPLE MANGALORE-575008.
... PETITIONER (BY SRI.SANATH KUMAR SHETTY K, ADVOCATE) AND:
1. SMT B SUMITHRA PAI W/O LATE MADHAVA PAI AGED ABOUT 86 YEARS V FLOOR, SPRING LEAF PLOT NO.298, 12TH ROAD KHAR WEST.
MUMBAI-400052.
2. SRI.MANORANJAN PAI S/O LATE MADHAVA PAI AGED ABOUT 67 YEARS V FLOOR, SPRING LEAF PLOT NO.298 12TH ROAD KHAR WEST MUMBAI-400052.
3. DR.ARAVIND PAI S/O LATE MADHAVA PAI AGED ABOUT 64 YEARS R/AT TAXES, U.S.A. – 77375.
4. MRS.JAMUNA PAI W/O LATE DR.BHASKAR M.PAI AGED ABOUT 52 YEARS 5. DR.GAURAV PAI AGED ABOUT 30 YEARS 6. MR.ASHWIN PAI AGED ABOUT 28 YEARS RESPONDENT NOS.5 AND 6 ARE THE CHILDREN OF LATE DR.BHASKAR M PAI RESPONDENT NOS.4 TO 6 ARE R/AT V FLOOR, SPRING LEAF PLOT NO.298, 12TH ROAD KHAR WEST, MUMBAI-400052.
7. MRS.K.P.CHITRA L.RAO D/O LATE B.MADHAVA PAI AND W/O SRI.K.P.LAXMAN RAO AGED ABOUT 54 YEARS R/AT NO.551, 13TH CROSS 5TH MAIN ROAD, R.M.V.2ND STAGE DOLLOR COLONY BANGALORE-560094 8. SRI.K.RAMANATH PAI S/O LATE K.NARAYAN PAI AGED ABOUT 71 YEARS NEAR POLICE STATION OPP N.C.C.MESS PANDESHWAR MANGALORE-575001.
9. MRS.SUMATHI KAMATH D/O LATE K.NARAYAN KAMATH W/O DR.M.S.KAMATH AGED ABOUT 68 YEARS R/AT SHANTHINIKETHAN P.O.DHARMADAM TALASSERY ,KERALA STATE - 670006 10. MRS.NALINI BHANDARY D/O LATE K.NARAYAN KAMATH W/O K.V.BHANDARY AGED ABOUT 60 YEARS NO.67, ANANTHANAGAR MANIPAL, UDUPI DISTRICT – 576119.
11. MRS.SHANTHA R PAI W/O LATE RAMACHANDRA PAI AGED ABOUT 76 YEARS R/AT OPP S.V.TEMPLE KONCHADY MANGALORE-575008.
12. SRI.B.NAGESH PAI S/O LATE RAMACHANDRA PAI AGED ABOUT 47 YEARS R/AT OPP S.V.TEMPLE KONCHADY MANGALORE-575008 13. MRS. KASTURI PAI.K D/O LATE RAMACHANDRA PAI AND W/O K.VITTALDAS PAI R/AT GOWRI MUTT STREET MANGALORE-575001, D.K.
... RESPONDENTS (BY SRI.VIVEK HOLLA, ADVOCATE FOR R7 SRI.VIJAYA KRISHNA BHAT, ADVOCATE FOR R-11 TO 13 R – 1, 2, 4, 5, 6, 8 AND 9 ARE SERVED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.07.2014 PASSED ON I.A.NOS.VII AND VIII IN OS NO.296/2005 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE, MANGALORE VIDE ANN-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Defendant No.1(a) in O.S.No.296/2005 on the file of the Civil Judge (Sr.Dn.), Mangalore, has come up in these Writ Petitions impugning the order dated 24.07.2014 passed on I.A.Nos.7 and 8.
2. When these matters are taken up for consideration this day, the stage of the original proceedings in O.S.No.296/2005 is looked into in the e- courts website of Mangalore District. On going through the same, it is seen that O.S.No.296/2005 has already been disposed of by judgment dated 24.11.2018. Therefore, nothing survives for consideration in these Writ Petitions as the same has become infructuous. Accordingly, these Writ Petitions are dismissed as having become infructuous Sd/- JUDGE Prs*