IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.20816 OF 2014 (GM-CPC) BETWEEN:
SRI M.GOPAL S/O SRI MUNASHAMAPPA AGED ABOUT 47 YEARS R/O NO.22 V.L. COLONY, KADUGODI, BENGALURU – 560 067. ...PETITIONER (BY SMT.SANDHYA U.PRABHU, ADVOCATE) AND:
1. M/S. IVR ASSET AND HOLDING LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.22/3 VIJAYANAGAR COLONY, HYDERABAD AND BRANCH OFFICE AT PROSPERITY, GROUND FLOOR, NO.438, 18TH MAIN, 6TH BLOCK, KORAMANGALA, BENGALURU – 560 063, REPRESENTED BY K.H.CHACKO.
2. M. NARAYANASWAMY AGED ABOUT 53 YEARS S/O SRI MUNIYAPPA R/O TEJASWINI NILAYA, BRINDAVAN LAYOUT, KADUGODI, BENGALURU-67 3. H.RAJASHEKAR, AGED ABOUT 56 YEARS S/O T.HANUMANTHAPPA R/O NO.3, BELTHUR VILLAGE, KADUGODI, BENGALURU-67. ...RESPONDENTS (BY SRI B.N.JAYADEVA, ADVOCATE FOR R1;
Notice to R2 & R3 is dispensed with) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.01.2014 REJECTING I.A.NOS.12 AND 13 UNDER ORDER 9 RULE 13 R/W 151 CPC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The second defendant in O.S.No.7745 of 2010 on the file of the City Civil Court, Bengaluru has come up in this writ petition impugning the order dated 07.01.2014 passed in the said proceedings on I.A.No.11.
2. When this matter is listed to consider the memo of retirement filed by the learned counsel for the petitioner, this Court verified the stage of the original proceedings in O.S.No.7745 of 2010 through e-courts website. When the website of City Civil Court, Bengaluru, is looked into, it would disclose that the original suit in O.S.No.7745 of 2010 itself is disposed of on merits by judgment and decree dated 03.10.2013. In that view of the matter, the present writ petition, which is filed impugning the interim order passed therein does not survive for consideration in as much as the present writ petition has become infructuous. Accordingly, the writ petition is dismissed.
Sd/- JUDGE dh