IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.8989/2016 (GM – CPC) BETWEEN:
SRI MUQTHAR AHAMED KHAN S/O KHADAR SAB AGED ABOUT 35 YEARS R/AT NAGAVALLI, HEBBUR HOBLI TUMKUR TALUK TUMKUR DISTRICT-572123 [REP. BY HIS SPA HOLDER SRI SOHRAB AHAMED SHARIF] ... PETITIONER [BY SRI FAYAZ SAB B.G., ADV.] AND:
SRI BASHEER AHMED SINCE DEAD BY HIS LRs 1[a] SMT JIGNU W/O LATE BASHEER AHMED AGED ABOUT 55 YEARS 1[b] SRI MOHAMMED SIKANDAR S/O LATE BASHEER AHMED AGED ABOUT 35 YEARS 1[c] SRI AZAM PASHA S/O LATE BASHEER AHMED AGED ABOUT 33 YEARS 1[d] AYESHA UNNISA D/O LATE BASHEER AHMED AGED ABOUT 32 YEARS 1[e] ASMA BANU D/O LATE BASHEER AHMED AGED ABOUT 29 YEARS ALL ARE R/AT NAGAVALLI, HEBBUR HOBLI TUMKUR TALUK TUMKUR DISTRICT-572231. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONERS; QUASH THE IMPUGNED ORDER DATED 25.01.2016 WHEREIN REJECTED THE I.A FILED UNDER ORDER 3 RULE 2 OF THE CODE OF CIVIL PROCEDURE BY THE SPA OF PLAINTIFF IN O.S.NO.264/2007 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE & CJM AT TUMKUR VIDE ANNEXURE-A; AND ETC., 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 25.01.2016 on I.A filed under Order 3 Rule 2 of the CPC in O.S.No.264/2007 on the file of the Additional Senior Civil Judge and JMFC at Tumkur ['Trial Court' for short].
2. It is discerned that the said O.S.No.264/2007 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 PMR