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 Nos.60619-60621/2016 (GM CPC) BETWEEN SRI NARAYANAPPA, S/O LATE CHIKKANNA @ CHIKKONE, AGED ABOUT 70 YEARS, RESIDING AT MAHADEVAPURA, NEAR RING ROAD, BANGALORE-560048. ... PETITIONER (BY SRI DEVARAJ N, ADV.) AND SMT. CHENNAMMA, W/O SRI NARAYANAPPA, AGED ABOUT 68 YEARS, RESIDING AT NAGESHWARA NAGENAHALLI, KOTHANOOR POST, K.R.PURAM HOBLI, BANGALORE-560036.
... RESPONDENT (BY SRI P B AJIT, ADV.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BANGALORE TO DISPOSE OF I.A.NO.21 FILED UNDER SECTION 5 OF LIMITATION ACT, I.A.NO.22 FILED UNDER ORDER XLVII RULE 1 R/W SECTION 151 OF CPC FOR RECALLING FILED BY THE PETITIONER AND I.A.NO.23 FILED BY RESPONDENT UNDER SECTION 151 OF CPC IN O.S.NO.6263/1995 VIDE ANNEX-J, K AND M RESPECTIVELY BEFORE PASSING FINAL JUDGMENT AND DECREE ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a writ of mandamus directing the XLIII Additional City Civil and Sessions Judge at Bangalore to dispose of I.A.Nos.21, 22, 23 in O.S.No.6263/1995 marked at Annexures – J, K and M respectively.
2. It is discerned that the said O.S.No.6263/1995 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 dismissed as having rendered infructuous.
PMR Sd/- JUDGE