IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.41288/2015(GM-CPC) BETWEEN:
SRI M.SRINIVAS, AGED ABOUT 53 YEARS, S/O LATE M.MUDDAPPA R/@ GUDDADAHALLI EXTENSION, BAPUJINAGAR, WARD NO.42, MYSORE ROAD, BENGALURU – 560 026. …PETITIONER (BY SRI V.B.SHIVAKUMAR, ADVOCATE) AND :
1. SRI S.RAMESH, AGED ABOUT 50 YEARS, S/O SIDDAIAH, R/@ NO.132/2, 1ST MAIN, 13TH CROSS, BAPUJI NAGAR, HOSAGUDDADAHALLI, BENGALURU – 560 026.
2. SRI K.C.SHIVARAM, AGED ABOUT 61 YEARS, S/O CHIKKAIAH, R/@ A PORTION IN 2ND FLOOR OF PREMISES BEARING NO.20, SHIVANANDA NILAYA, 1ST MAIN ROAD, 14TH CROSS, BAPUJI NAGAR, BENGALURU – 560 026. …RESPONDENTS (BY SRI D.R.RAVISHANKAR, ADVOCATE FOR R1, VIDE ORDER DATED 05.10.15 NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS ON I.A.NO.6 DATED 09.09.2015, PASSED BY THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 26) IN O.S.NO.1542/2008 VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Plaintiff No.2 in OS.No.1542/2008 on the file of X Additional City Civil and Sessions Judge, Bengaluru (CCH- 26), Bengaluru, has come up in this writ petition impugning the order dated 9.9.2015 passed on IA.No.6.
2. When this matter is taken up for consideration this day, learned counsel for the petitioner files a memo bringing to the notice of this Court that the suit in O.S.No.1542/2008 itself is disposed of on merits. The same is confirmed by the e-courts website of Bengaluru District, which would indicate that the suit is disposed of on 10.3.2017. Memo filed by the learned counsel for the petitioner would also indicate that a second appeal in RFA.No.997/2017 is filed challenging the said judgment dated 10.3.2017.
3. In that view of the matter, this writ petition does not survive for consideration as it has become infructuous. Accordingly, the memo is taken on record and this writ petition is dismissed as having become infructuous.
Sd/- JUDGE nd/-