IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.7204/2015(GM-CPC) BETWEEN:
SRI KRISHNAPPA, S/O LATE N. SHIVAIAH, AGED ABOUT 64 YEARS, R/AT NO.28/5, 1ST CROSS, NEW KANTHARAJ URS ROAD, K. G. KOPPAL, MYSORE.
... PETITIONER (BY SMT. S. SAVITHA, ADVOCATE FOR SRI MANAMOHAN P. N., ADVOCATE) AND:
1. AROGYA YOGA, NO.5, SWIMMING POOL ROAD, SARASWATHIPURAM, MYSORE-9 REPRESENTED BY DR. S. P. YOGANNA, 2. SMT. SUDHA YOGANNA, W/O S. P. YOGANNA, MAJOR, RESIDING AT NO.5, SWIMMING POOL ROAD, SARASWATHIPURAM, MYSORE.
3. THE COMMISSIONER, M. U. D. A. MYSORE.
... RESPONDENTS (BY SRI R. S. RAVI, ADVOCATE FOR R1 & R2; SRI RITHISH D. NAIK, ADVOCATE FOR SRI T.P. VIVEKANANDA, ADVOCATE FOR R3) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.11.2014 PASSED ON I.A.NO.51 IN O.S.NO.177/2006 BY THE COURT OF PRINCIPAL FIRST CIVIL JUDGE, MYSORE AND CONSEQUENTLY ALLOW I.A.NO.51 IN O.S.NO.177/2006 (VIDE ANNEXURE-K).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The present writ petition is filed against the impugned order dated 27.11.2014 on I.A. No.51 in O.S. NO.177/2006 rejecting the application filed under Order VI Rule 17 r/w with Section 151 of Code of Civil Procedure, 1908.
2. Sri Rithish D. Naik, learned counsel for Respondent no.3 submits that the main suit itself was disposed of on 30.7.2015 and in view of the same, the present writ petition becomes infructuous.
3. The said submission is placed on record.
Accordingly, the writ petition is dismissed as having become infructuous.
Sd/-
JUDGE Gss/-