IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.1310 OF 2018 (GM-CPC) Between:
Sri Nagegowda S/o. Javaregowda Aged about 55 years R/o. Byrapura Grama, Bagur Hobli Chanraypatna Taluk Hassan District – 34. … Petitioner (By Sri Pratheep K.C., Adv.) And:
1. M/s Mysore Minerals Co. Ltd. No.39, M.G. Road Bengaluru – 560 001 Rep. by its General Manager.
2. The Manager, Deep Construction Doddanavar Compound Area Near Port, P.B. Road Belgaum Taluk Belgaum District – 590 016.
3. Sandeep The Manager, Panekatte, Deep Construction Pvt. Co. Bakthrhalli Mines K. Byrapura Village Bagur Hobli Chanraypatna Taluk Hassan District – 34.
4. Senior Geologist Mines and Geology Department Khanija Division No.NAG-73, Kuvempunagar Hassan District – 34.
5. The Director Mines and Geology Department No.49, Khanija Bhavan Race Course Road Bengaluru.
6. The Tahsildar Taluk Office Chanraypatna Hassan District – 34.
... Respondents (By Sri D.R. Anandeeswara, HCGP for R4 to R6 Sri L. Venkatrama Reddy, Adv. for R1 R2- Served) *** This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dated 05.12.2017, passed by the Court of Sr. Civil Judge and JMFC, Channrayapatna bearing O.S.No.31/2016 vide Annexure-G.
This Writ Petition coming on for Orders this day, the court made the following:
ORDER The present writ petition filed by the petitioner against the impugned order dated 05.12.2017 passed by Senior Civil Judge & JMFC, Channarayapatna made in O.S.No.31/2016 allowing the application filed under Order 33 Rule 5 R/w Order 33 Rule 9 of CPC directing the plaintiff to pay necessary Court fee on the plaint within 15 days from the date of the order and on failure to pay the necessary Court fee within the aforesaid period, the plaint shall be liable to be rejected.
2. During the pendency of the present writ petition, the main suit came to be dismissed on 23.01.2018 for non compliance of order dated 05.12.2017.
In view of the above, the present petition does not survive for consideration. Accordingly, the writ petition is dismissed as having become infructuous. Liberty is reserved to the petitioner to urge his contentions in appropriate proceedings against the impugned order passed by the trial Court.
Sd/- JUDGE PN/-