IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION Nos.28429-28430/2018 (GM - CPC) BETWEEN:
1. SRI M. SATISH S/O. LATE MADAPPA, AGED ABOUT 62 YEARS, RESIDING AT NO.446, BEML 2ND STAGE LAYOUT, RAJARAJESHWARINAGAR, MYSURU – 570 022.
2. SRI M. SURYAKANTH S/O. LATE MADAPPA, AGED ABIYT 56 YEARS, RESIDING AT NO.45, ANUGRAHA LAYOUT, BEHIND SHANTINIKETAN COLLEGE, BILEKAHALLY, B.G. ROAD, BANGALORE – 560 076. ... PETITIONERS (BY SRI YUGANDHAR T., ADVOCATE) AND:
1. SRI SHASHIKUMAR AGED ABOUT 71 YEARS, S/O. LATE MADAPPA, RESIDING AT NO.72, AISHWARYA NILAYA, BASAVESHWARANAGAR, NEAR SHARADHADEVI NAGAR, MYRUSU – 570 023.
2. SRI M. PRITHVIRAJ S/O. LATE MADAPPA, AGED ABOUT 70 YEARS, 3. M. GAYATHRI D/O. LATE MADAPPA, SINCE DEAD REP. BY HER LRs, 3(a) SRI SHIVANANDA S/O. LATE H.J. KRISHNAMURTHY, AGED ABOUT 63 YEARS, RESIDING AT MELUKOTE ROAD, OPP: VEERABHADRASWAMY TEMPLE ROAD, TUMKUR – 572 105.
4. SRI M. SHYAM SUNDER S/O. LATE MADAPPA, AGED ABOUT 65 YEARS, ALL ARE RESIDING AT NO.2011, SEEBAIAH ROAD, DEVARAJ MOHALLA, MYSURU – 570 201.
5. SRI M. YOGENDRA S/O. LATE MADAPPA, AGED ABOUT 56 YEARS, 6. SMT. SHOBHARANI D/O. LATE MADAPPA, AGED ABOUT 52 YEARS, RESIDING AT SRI MANJUNATH OIL MILLS, SRIRAMA MANDIRA ROAD, TIPTUR, TUMKUR – 572 201.
7. SMT. LEELAMMA .N D/O. LATE MADAPPA, SINCE DEAD REP. BY HER LRs, 7(a) SRI N.K. KRISHNA SETTY, S/O. LATE KAPPANA SETTY, AGED ABOUT 78 YEARS, RESIDING AT NISANA COLONY, (HONNAMMANA KATTE), H.D. KOTE, MYSURU – 571 116.
8. SMT. KAMALAMMA .N D/O. LATE MADAPPA, SINCE DEAD REP. BY HER LRs, 8(a) SRI N. SRIDHARA S/O. LATE MAHADEV AGED ABOUT 78 YEARS, 8(b) SRI S. LOKESH S/O. SRI N. SRIDHAR AGED ABOUT 48 YEARS, BOTH ARE RESIDING AT NO.33, “SHIVANILAYA”, NATIONAL HOUSING CO-OPERATIVE SOCIETY LTD., KAVERINAGAR, BANGALORE – 560 079.
9. D.N. DINESH SINCE DEAD, REPRESETNED BY HIS LRs, 9(a) SMT. H.S. SHYLAJA, AGED ABOUT 47 YEARS, W/O. LATE D.N. DINESH, 9(b) KUM. POOJA AGED ABOUT 27 YEARS, D/O. LATE D.N. DINESH, BOTH ARE RESIDING AT NO.17, 4TH CROSS, II MAIN, PALACE GUTTAHALLI, VENKATARANGAPURAM, BANGALORE – 560 003.
10. SRI ASHWATHNARAYANA SWAMY S/O. LATE M. RAMAIAH, MAJOR, RESIDING AT D.NO.132, I FLOOR, IV CROSS, RAJAJINAGAR, BANGALORE – 560 010.
11. M.C.I. DEVELOPERS (P) LTD., A REGISTERED COMPANY HAVING ITS OFFICE AT NO.775, 9TH A MAIN, 5TH B CROSS, RPC LAYOUT, VIJAYANAGAR, BANGALORE – 560 040.
REPRESENTED BY ITS MANAGING DIRECTOR, SRI K.M. RAJASHEKAR, S/O. LATE K.L. MARIGOWDA, AGED ABOUT 69 YEARS. ... RESPONDENTS (BY SRI K.G. KAMATH, ADVOCATE FOR R-5;
SRI K. SHRIHARI, ADVOCATE FOR R-8(a & b);
R-2, R-4 TO R-6, R-7(a) & R-10 – SERVED UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 06.06.2018 AT ANNEXURE-A PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE, MYSURU IN I.A.NO.XIV, FILED IN FDP NO.13/2010, BY THESE PETITIONER AND ETC., THESE WRIT 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 06/06/2018 on I.A.No.XIV in FDP.No.13/2010 on the file of Principal Senior Civil Judge at Mysuru ['Trial Court' for short].
2. It is discerned that the said FDP.No.13/2010 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 S*