IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA W.P.No.11677/2018 (GM-CPC) BETWEEN:
Sri.Kudpi Ramadevi Prasad Shenoy S/o. Late Kudpi Keshava Shenoy, Aged about 43 years, R/at D.No.3-E25/2144 A, “Vivek Vaibhava”, Kadri Temple Road, Kadri, Mangalore – 575 002, Dakshina Kannada ... Petitioner (By Sri. Somashekar.G.V, Advocate) AND:
1. Sri.Prabhakar Nayak S/o.Vitappa Nayak, Aged about 61 years, R/at Kadri Temple Road, Mangalore – 575 002, Dakshina Kannada 2. Sri.Vijaya Kumar Taleppadi S/o. Late Ramakrishna Rao, Aged about 65 years, C/o.B.N.Radhakrishna Rao, “Sauhardha”, Vivekanagar, Kulur-Kavur Road, Mangalore – 575 013, Dakshina Kannada.
... Respondents (By Sri.Krishna Murthy.G.Hasyagar, Advocate for Caveator-R2) **** This Writ Petition is filed under Article 227 of Constitution of India praying to call for records pertain to Ex. No.132/2016 in the Court of Civil Judge, Mangalore; quash the order Annexure-F dated 23.08.2018 made in Ex.No.133/2016 passed by the Court of Prl. Civil Judge and JMFC., Mangalore, D.K., and etc., This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R Learned counsel for the petitioner has filed a memo stating that in view of the subsequent developments, the prayer sought for in the present writ petition does not survive for consideration.
2. Accordingly, the writ petition is dismissed as having become infructuous.
3. However, it is needless to observe that the petitioner is at liberty to urge all the grounds raised in the present writ petition in the pending appeal No.77/2018, in accordance with law.
In view of dismissal of the writ petition, I.A.No.1/2018 for impleading does not survive for consideration and it is accordingly disposed of.
Sd/- JUDGE KPS