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 NOs.55469/2015 (GM-CPC) C/W W.P.NOs.692-693/2015(GM-CPC) W.P.NO.55469/2015 BETWEEN:
1. SRI MOHAN RAO, S/O K.G.KRISHNOJI RAO AGED ABOUT 75 YEARS, R/AT 266, 8TH CROSS, 1ST BLOCK, R.T.NAGAR, BANGALORE – 560 032 2. SMT.V.GEETA KUMAR, W/O H.ANJANEYA RAO, AGED ABOUT 44 YEARS, R/AT NO.73 GEETA MANDIRA STREET, M.R.PALYAM, BANGALORE – 560 006. …PETITIONERS (BY SRI SANGAMESH.R.B, ADVOCATE) AND :
1. SRI K.P.MAHESH, S/O LATE PUTTAIAH, AGED ABOUT 42 YEARS, R/AT KALKERE VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK -560 007 2. SRI KRISHNAMURTHY K.P S/O LATE PUTTAIAH, AGED ABOUT 28 YEARS, KALKERE VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK -560 007 3. SMT.MUNILAKKAMMA @ MUNILAKSHMAMMA, W/O LATE PUTTAIAH, AGED ABOUT 60 YEARS, R/AT KALKERE VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK -560 007 4. SMT.ANCY JOSEPH KOIL PARAMBIL W/O K.A.JOSEPH AGED ABOUT 31 YEARS, RESIDING AT BUS STAND CIRCLE, KALKERE VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK-560 002 5. SRI ABRAHAM S/O MATHEW BONJ R/AT NO.12, 2ND CROSS, NEHRU ROAD, KULLAPPA CIRCLE, KAMMANAHALLI, BANGALORE – 560 043 6. SMT.ADELIA LEWIS W/O NOEL CHRIST OPHERLIEWIS AGED ABOUT 39 YEARS, R/AT NO.22, GOPEL STREET, 3RD CROSS, ST.THOMAS TOWN POST, BANGALORE – 560 043 7. SRI RAMESH S/O LATE SUBRAMANI AGED ABOUT 39 YEARS, R/AT 79/228, BANJARA LAYOUT, HORMAVU POST, BANGALORE-560 043 8. SRI SURESH BABU S/O HARI RAO, AGED ABOUT 40 YEARS, NO.255, 1ST CROSS, XI CROSS 1ST BLOCK, R.T.NAGAR, BANGALORE – 560 032 9. SRI SHANKARAPPA S/O LATE PUTTAIAH, AGED ABOUT 46 YEARS, R/AT KALKERE VILLAGE KRISHNARAJAPURA HOBLI, BANGALORE EAST TALUK – 560 043 …RESPONDENTS (BY SRI A.M.VIJAY, ADVOCATE FOR R4, SRI M.RAMACHANDRA, ADVOCATE FOR R9 VIDE ORDER DATED 14.03.2017, NOTICE TO R1 TO R8 ARE DISPENSED WITH) WRIT PETITION NO.55469/2015 IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.06.2015 PASSED IN O.S.NO.6026/2004 ON THE FILE OF 43RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (ANNEXURE-G) AND ETC.
W.P.NOS.692-693/2015 BETWEEN MAHESH K P S/O LATE PUTTIAH AGED ABOUT 52 YEARS, KALKERE VILLAGE KRISHNARAJAPURA HOBLI, BANGALORE EAST TALUK BANGALROE-560048 ... PETITIONER (BY SRI SUNILKUMAR P BANGARI, ADVOCATE) AND 1. SHANKARAPPA S/O LATGE PUTTAIAH AGED ABOUT 45 YEARS, KALKER VILLAGE KRISHNARAJAPURA HOBLI, BANGALORE EAST TALUK-560 048.
2. KRISHNAMURTHY K P S/O LATE PUTTAIAH AGED ABNOUT 38 YEARS, KALKER VILLAGE, KRISHNARAJAPURA HOBLI, BANGALORE EAST TALUK-560 048.
3. MUNI LAKKAMMA @ MUNILAKSHMAMMA W/O LATE PUTTAIAH AGED ABOUT 70 YEARS, KALKER VILLAGE, KRISHNARAJAPURA HOBLI, BANGALORE EAST TALUK-560 048.
4. ANCY JOSEPH KOIL PARAMBIL W/O K.A. JOSEPH AGED ABOUT 41 YEARS, BUS STAND CIRCLE KALKER VILLAGE, KRISHNARAJAPURA HOBLI, BANGALORE EAST TALUK-560 048.
5. ABRAHAM MATHEW S/O MATHEW BONJ AGED MAJOR NO.12, 2ND CROSS, NEHRU ROAD KULLAPPA CIRCLE, KAMMANAHALLI, BANGALORE-560 043.
6. ADELIA LEWIS W/O NOEL CHRIST OPHERLEWIS AGED ABOUT 49 YEARS LNO.22 GOSPEL STREET, 3RD CROSS, ST. THOMAS TOWN POST BANGALORE-560 004.
7. RAMESH S/O LATE SUBRAMANI AGED ABOUT 49 YEARS, NO.79/228, BANJARA LAYOUT, HORAMAVU POST, BANGALROE-560 043.
8. SRI. SURESH BABU S/O LHARI RAO AGED ABOUT 50 YEARS, NO. 225, 1ST CROSS, 1ST BLOCK, R.T. NAGAR, BANGALORE-560 032.
9. SRI. MOHAN RAO S/O K.G. KRISHNOJI AGED ABOUT 77 YEARS, LNO.266, 8TH CROSS, 1ST BLOCK, R.T. NAGAR, BANGALORE-560 032.
10. SMT. V. GEETHA KUMAR W/O H ANJANEYA RAO AGED ABOUT 45 YEARS, C/O K. VITTAL RAO NO.73, GEETHA MANDIR STREET, M.R. PALYAM, BANGALORE-560 006. ... RESPONDENTS (BY SRI NARAYANA SWAMY, ADVOCATE FOR R9 AND R10, R1 & R2 ARE SERVED BUT UNREPRESENTED VIDE ORDER DATED 17.07.2017, NOTICE TO R3, R5 TO R8 ARE DISPENSED WITH) W.P. Nos. 692-693/2015 ARE FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED ON I.A.NO.17 & 18 DTD.25.9.2014 IN O.S.NO.6026 OF 2004 BY THE XLIII ADDITIONAL CITY CIVIL AND SESSION JUDGE AT BANGALORE PRODUCED VIDE ANNEXURE-J AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Defendants 9 and 10 in O.S.No.6026/2004 on the file of 43rd Additional City Civil and Sessions Court, Bengaluru, have come up in WP.No.55469/2015 impugning the order dated 3.6.2015 passed on IA Nos.22 and 23. First defendant in the very same suit has come up in WP.Nos.692-693/2015 impugning the order dated 25.9.2014 passed on IA.Nos.17 and 18.
2. When these matters are taken up for consideration this day, the stage of the original proceedings in O.S.No.6026/2004 is looked into in the e-courts website of Bengaluru District. On going through the same, it is seen that O.S.No.6026/2004 has already been disposed of by judgment dated 25.01.2019. Therefore, nothing survives for consideration in these writ petitions as they have become infructuous. Accordingly, these writ petitions are dismissed as having become infructuous.
Sd/- JUDGE nd/-