IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.63406/2016 (GM – CPC) BETWEEN:
SRI MALACHIRA MEDAPPA S/O CHINNAPPA, AGED ABOUT 62 YEARS, R/AT KANOOR VILLAGE & POST, PONNAMPET NAD, VIRAJPET TALUK, KODAGU DISTRICT-571201 ... PETITIONER [BY SRI H.M.MANJUNATH PRASAD, ADV.] AND:
1. SRI C B NANJAPPA S/O CHEPPUDIRA BIDDAPPA, AGED ABOUT 42 YEARS, R/AT KANOOR VILLAGE & POST, PONNAMPET NAD, VIRAJPET TALUK, KODAGU DISTRICT-571201 2. MALACHIRA MONNAPPA S/O LATE SUBBAIAH AGED ABOUT 85 YEARS 3. SRI MALACIRA POONACHA S/O MALACHIRA MONNAPPA AGED ABOUT 45 YEARS SHARON TRDE LINKS CAUVERY COMPLEX GONIKOPPAL, VIRAJPET TALUK KODAGU DISTRICT-571201 4. SRI MALACHIRA BOPANNA S/O MALACHIRA MONNAPPA AGED ABOUT 43 YEARS, D/NO.15, 15TH CROSS, 3RD STAGE, GOKULAM, MYSORE-2 5. MALACHIRA SUJAY S/O MALACHIRA MONNAPPA AGED ABOUT 42 YEARS, MUGUTAGERI VILLAGE & POST, POMMAMETNAD, VIRAJPET TALUK KODAGU DISTRICT-571201 6. SRI MALACHIRA SUBBAIAH S/O LATE KALAPPA AGED ABOUT 60 YEARS RESPONDENT 2 & 6 ARE R/AT KANOOR VILLAGE & POST PONNAMPET NAD, VIRAJPET TALUK KODAGU DISTRICT-571201 7. SMT M.B.SARASWATHI W/O MALLANGADA BELLIAPPA AGED ABOUT 55 YEARS, BELLOR VILLAGE, HUDIKERI POST, VIRAJPET TALUK, S.KODAGU-571201 8. SMT. M.G.CHONDAMMA W/O MUKKATIRA GANESH AGED ABOUT 45 YEARS, KUMTOOR VILLAGE, SRIMANGALA POST VIRAJPET TALUK, S.KODAGU-571201 9. M.K.NALINI W/O MADRIRA PEMMAIAH AGED ABOUT 42 YEARS, ELEMADALU COFFEE ESTATE, DURGADABETTA POST CHIKKAMAGALURU-577101 10. M.C.JANAKI W/O CHERIYAPANDA POOVAIAH AGED ABOUT 57 YEARS, KIRGOOR VILLAGE AND POST, VIRAJPET TALUK, S.KODAGU-571201 11. SMT. M.C.BOJAMMA W/O CHOTTEYANDAMADA MADAPPA AGED ABOUT 53 YEARS, NEMMALE VILLAGE & POST, VIRAJPET TALUK, S.KODAGU-571201 12. SMT. M.C.POOVAMMA W/O PATRAPANDA BOSU AGED ABOUT 48 YEARS, KUNDA VILLAGE & POST VIRAJPET TALUK, S.KODAGU-571201 13. SMT.M.C.THAYAMMA W/O MACHIMADA NANJAPPA AGED ABOUT 48 YEARS, BALYAMUNDOOR VILLAGE & POST VIRAJPET TALUK, S.KODAGU-571201 14. SMT M.C.GANGAMMA W/O PARADANDA A NANDAPPA AGED ABOUT 50 YEARS, IGGUTHAPPA NILAYA VISHWAPRIYA LAYOUT, BOMMANAHALLI, BENGALURU-560083 15. SRI MALACHIRA CHINNAPPA S/O LATE SUBBAIAH AGED ABOUT 92 YEARS 16. SRI MALACHIRA GANAPATHY AGED ABOUT 62 YEARS 17. SRI MALACHIRA NANJAPPA AGED ABOUT 30 YEARS RESPONDENT 16 & 17 ARE S/O CHINNAPPA 18. SRI MALACHIRA ACHAIAH AGED ABOUT 57 YEARS 19. SRI MALACHIRA KARIAPPA AGED ABOUT 50 YEARS, 20. SRI MALACHIRA POONACHA AGED ABOUT 45 YEARS RESPONDENT 18, 19 & 20 ARE S/O LATE KALAPPA ALL ARE R/AT KANOOR VILLAGE & POST, PONNAMPET NAD VIRAJPET TALUK KODAGU DISTRICT …RESPONDENTS [BY SRI SUMANTH L. BHARADWAJ, ADV. FOR R-1; VIDE COURT ORDER DATED 18.01.2017 NOTICE TO R-2 TO R-20 IS DISPENSED WITH.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.69/2004 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT VIRAJPET AND PERUSE THE SAME AND SET ASIDE/QUASH THE ORDER DATED 20.10.2016 PASSED BY SENIOR CIVIL JUDGE AND JMFC VIRAJPET ON I.A.NO.1 IN O.S.NO.69/2004 PRODUCED AT ANNEXURE-E AND CONSEQUENTLY ALLOW IA NO.1.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 20.10.2016 on I.A.No.1 in O.S.No.69/2004 on the file of the Senior Civil Judge and JMFC at Virajpet ['Trial Court' for short].
2. It is discerned that the said O.S.No.69/2004 has been disposed of by the Trial Court and hence, writ petition does not survive for consideration.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
Sd/- JUDGE NC.