IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No. 39272/2015 (GM-CPC) Between:
Sri. N. Lakshmeesha S/o. Narayanappa, Aged about 41 years, Residing at No.567, 16th Main, 3rd Stage, West of Chord Road, Manjunatha Nagar, Rajajinagara, Bengaluru 560 010.
… Petitioner (By Sri. B. Manjunath, Advocate) And:
1. Sri. A. Ramachandra S/o. Late Dodda Adavappa, Aged about 60 years, R/at Antharagange Palya, Hamlet of Kudur, Kudur Hobli, Magadi Taluk, Ramanagar District – 561 101.
2. Smt. Thimmamma Aged about 53 years, W/o. A. Ramachandra, R/at No.217, 2nd Cross, Ganesha Block, Mahalakshmi Layout, Bangalore 560 086.
…Respondents This writ petition is filed under Article 227 of the Constitution of India praying to quash the order dated 17.03.2015 passed in R.A.No.53/2014 by the Hon’ble Senior Civil Judge, Magadi, which is produced at Annexure-A and consequently direct the Hon’ble Senior Civil Judge at Magadi to consider the impleading application filed by the petitioner which is produced as Annexure-H.
This writ petition coming on for preliminary hearing this day, the court, made the following:
ORDER Petitioner had challenged the order passed in R.A.No.53/2014 dismissing the application filed by the petitioner to be impleaded as an additional respondent.
2. It is noticed that R.A.No.53/2014 has been disposed of. In light of same, relief sought for in the present petition does not survive for consideration. However, it is made clear that in the event the petitioner prefers an appeal against the order passed in R.A.No.53/2014, petitioner is at liberty to raise the contentions regarding the correctness of the order impugned herein in such proceedings. Time spent before this Court is to be taken note of while considering condonation of delay proceedings, if initiated by the petitioner.
Accordingly, petition is disposed off.
Sd/- JUDGE VP