IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.39987 & 42895/2016 (GM – CPC) BETWEEN:
SRI KADYAMADA UTHAPPA S/O LATE SUBBIAH, AGED ABOUT 55 YEARS, R/AT BALELE VILLAGE, PONNAMPET NAD, VIRAJPET TALUK, SOUTH KODAGU-571201. ... PETITIONER [BY SRI K.RANJAN KUMAR, ADV.] AND:
1. SMT.MACHIMADA SHYLA D/O LATE POOVAIAH, AGED ABOUT 50 YEARS, R/AT 3RD BLOCK, 1ST MAIN, RAJAJINAGAR, BANGALORE-10 2. SMT.MACHIMADA LAVA S/O LATE POOVAIAH, AGED ABOUT 53 YEARS 3. MACHIMADA KUSHA S/O LATE POOVAIAH, AGED ABOUT 52 YEARS RESPONDENT No.2 & 3 ARE R/AT BALALE VILLAGE & POST, VIRAJPET TALUK-571201. …RESPONDENTS [BY SRI HARISH GANAPATHY, ADV. FOR R-3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALLING FOR RECRODS IN O.S.NO.109/2003 FILED BY RESPONDENTS PENDING ON THE FILE OF THE CIVIL JUDGE (SR DN) & JMFC AT VIRAJPET AND SETTING ASIDE THE ORDER DATED 18.06.2016 PASSED BY THE COURT OF THE CIVIL JUDGE (SR.DN) & JMFC AT VIRAJPET IN O.S.NO.109/2003 ON STAMP DUTY AND PENALTY ON AGREEMENT DATED 20.07.2001 DIRECTING THE PETITIONER TO PAY THE SAME (ANNEXURE-G).
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 18.06.2016 in O.S.No.109/2003 on the file of the Civil Judge [Sr.Dn.] at Virajpet ['Trial Court' for short].
2. It is discerned that the said O.S.No.109/2003 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 NC.