IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.4853-4854/2018 (GM – CPC) BETWEEN 1. SRI NAGENDRAPPA S/O RAMAPPA AEGD ABOUT 77 YEARS 2. SRI VIRUPAKSHAPPA S/O RAMAPPA AGED ABOUT 74 YEARS 3. SRI KALLAPPA S/O RAMAPPA AGED ABOUT 72 YEARS 4. SRI DEVENRDAPPA S/O RAMAPPA AGED ABOUT 70 YEARS PETITIONERS 1 TO 4 ARE R/O HONNAMARADI VILLAGE KUKKAVADA POST DAVANAGERE TALUK - 577525.
5. SMT. RUDRAMMA W/O LATE PALAKSHAPPA AGED ABOUT 61 YEARS R/AT HONNAMARADI VILLAGE KUKKAVADA POST DAVANAGERE TALUK-577525.
6. THIPPANNA S/O RAMAPPA AGE 64 YEARS R/O HONNAMARADI VILLAGE AND KUKKAVADA POST DAVANAGERE TALUK. ... PETITIONERS (BY JAGADEESH GOUD PATIL, ADV.,) 1. DANAPPA S/O HANUMANTHAPPA AGED ABOUT 86 YEARS, R/O NO.87, YAMUNA NAAR OPP POLICE CHOWK NIGADI, POONA - 411 044.
2. SHARADAMMA W/O LATE KENCHAPPA AED ABOUT 76 YEARS OCC: HOUSE WIFE 3. SHOBHA W/O SHEKHARAPPA AED ABOUT 51 YEARS OCC: HOUSE WIFE R-2 & 3 ARE R/O MASUR POST HIREKERUR TALUK HAVERI DISTRICT - 581 210.
4. CHANNAPPA.K.H S/O HANUMANTHAPPA, AGED ABOUT 82 YERAS, R/O No.159, 5TH MAIN NEAR MAKKALA KOOTA, CHAMARAJ PET BANGALORE - 560 018.
5. SMT.VIJAYA W/O LATE RAMACHANRAPPA AGED ABOUT 71 YERAS 6. SMT.SUMAN D/O SMT. VIJAYA AGED ABOUT 38 YEARS 7. Dr. SUJAY S/O SMT.VIJAYA AGED ABOUT 34 YEARS R-5, 6 & 7 ARE R/O No.10TH MAIN 3RD CROSS, M.C.C. ‘B’ BLOCK DAVANAGERE - 577 002.
8. K.H.HALESHAPPA S/O HANUMANTHAPPA OCC: AGRICULTURE AGED ABOUT 70 YEARS R/O THUMBIGERE VILLAGE DAVANAGERE TALUK - 577 512.
9. SMT. BASAMMA W/O K.H.CHANNABASAPPA AGED ABOUT 77 YEARS KUKKAVADA VILLAGE DAVANAGERE TALUK - 577 525.
10. K.RAJU S/O K KARIBASAPPA R/O NO. 1220, VIJAYANAGERA 1ST STAGE MYSORE - 570 017.
11. VIJAYAKUMAR S/O KARIBASAPPA R/O HARIHARESHWARA NILAYA 2ND STAGE, 1ST MAIN, 6TH CROSS SHIVAKUMARA SWAMY EXTENSION DAVANAGERE - 577 004.
12. JAYALAKSHMI W/O MALLANA GOWDRU R/O 31ST WARD, 2ND CROSS SIDDVEERAPPA LAYOUT DAVANAGERE - 577 004.
13. KARIBASAPPA S/O MAHADEVAPPA DIDDIGI OCC: AGRICULTURE AGED ABOUT 72 YEARS R/O THUMBIGERE VILLAGE DAVANAGERE TALUK - 577 512.
14. BASAVARAJAPPA S/O MAHADEVAPPA DIDDIGI OCC: AGRICULTURE AGED ABOUT 66 YEARS R/O THUMBIGERE VILLAGE DAVANAGERE DISTRICT - 577 512.
15. MARULASIDDAPPA S/O MAHADEVAPPA DIDDIGI OCC: AGRICULTURE AGED ABOUT 62 YEARS R/O THUMBIGERE VILLAGE DAVANAGERE DISTRICT - 577 512.
16. KALLAMMA W/O NAGAPPA AGED ABOUT 77 YEARS HOUSEWIFE, R/O DIDDGI VILLAGE, JAGALUR TALUK CHITRADURGA DISTRICT - 577 522.
17. BASAVARAJ S/O LATE HANUMANTHAPPA AGED ABOUT 58 YEARS 18. K.H.ONKARAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 63 YEARS 19. EKANTHAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 49 YEARS 20. BASAVALINGAPPA S/O LATE HANUMANTHAPPA AGED ABOUT 47 YEARS 21. KUMAR S/O LATE HANUMANTHAPPA AGED ABOUT 41 YEARS 22. SHAMBU S/O LATE HANUMANTHAPPA AGED ABOUT 38 YEARS R-15 TO 20 ARE R/AT CHATNALLI VILLAGE AND PO HARAPANAHALLI TALUK DAVANAGERE DISTRICT - 583 131.
23. SMT. INDRAMMA D/O LATE HANUMANTHAPPA W/O D.V.BASAVARAJAPPA AGED ABOUT 52 YEARS KUKKAVADA VILLAGE DAVANAGERE TALUK - 577 525.
24. SMT. PARVATHAMMA W/O SURESH HALLALLI AGED ABOUT 64 YEARS HOUSE WIFE, R/O GURURAJARA ONI, BYADGI HAVERI DISTRICT - 581 106.
25. JAYAMMA W/O RUDRAMUNI.K.H AGED ABOUT 58 YEARS HOUSE WIFE, R/O KHANDANAKOVI VILLAGE GUDAL POST, DAVANAGERE DISTRICT - 577 553 26. GANGAMMA W/O N.B.BASAVARAJAPPA AGED ABOUT 71 YEARS HOUSE WIFE, R/O AMARAVATHI COLONY HARIHARA TOWN - 577 601 DAVANAGERE DISTRICT. ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 2.1.2018 PASSED ON I.A.VI UNDER ORDER 8, RULE 9 OF CPC AND ALSO IMPUGNED ORDER DATED 25.1.2018 PASSED ON I.A.NO. XI UNDER ORDER VI, RULE 17 OF CPC PASSED BY THE LEARNED II ADDL. SR.CIVIL JUDGE COURT, DAVANAGERE AT ANNEX-G AND K IN O.S.70/2012 AND CONSEQUENLTY ALLOW BOTH SAID I.A.
FILED BY THE PETITIONERS AT ANNEX-E DATED 23.3.2016 AND AT ANNEX-H DATED 8.1.2018.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R These writ petitions are filed against the order dated 02.01.2018 on I.A.No.6 as well as order dated 25.01.2018 on I.A.No.11 in O.S.No.70/2012 on the file of the II Additional Senior Civil Judge and JMFC at Davanagere ['Trial Court' for short].
2. It is discerned that the said O.S.No.70/2012 has been disposed of by the Trial Court and hence, writ petitions do not survive for consideration.
In view of the aforesaid, writ petitions stand disposed of as having rendered infructuous.
Sd/- JUDGE NC.