IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50810/2016 (GM – CPC) BETWEEN:
SRI. NARESH KUMAR GUNDECHA AGED ABOUT 41 YEARS S/O. LATE SAMPATHRAJ MATHA PAYALS, 441 SAMPIGE MAIN ROAD MALLESHWARAM BENGALURU-560 003. ... PETITIONER (BY SRI MANJUNATH PRASAD H N, ADV.) AND:
1. SRI. B. H. RAMESH AGED ABOUT 52 YEARS S/O .LATE HANUMANTHEGOWDA COFFEE PLANTER GIRI ESTATE, KAIMARA POST CHIKKAMAGALURU TALUK-577101.
2. SRI. ASHOK KUMAR AGED ABOUT 40 YEARS S/O. LATE SAMPATHRAJ LAXMI JEWELS, RAJANI TOWERS 42/36, 27TH CROSS, 7TH "B" MAIN ROAD, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011. ... RESPONDENTS (BY SRI K S GANESHA, ADV. FOR R1 R2-NOTICE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE/ QUASH THE ORDER DATED 02.09.2016 PASSED IN CIVIL MISC.NO.11/2012 AT ANNEX-E ON THE FILE OF 1ST ADDL. SENIOR CIVIL JUDGE AT CHIKKAMAGALURU, IN SO FAR AS IT RELATES TO IMPOSITION OF CONDITION DIRECTING THE PETITIONER TO DEPOSIT OR FURNISH BANK GUARANTEE TO THE TUNE OF RS.10,09,375.00 [RUPEES TEN LAKHS NINE THOUSAND THREE HUNDRED SEVENTY FIVE ONLY] ON 3.10.2016.
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 02.09.2016 passed in Civil Misc.No.11/2012 on the file of the I Additional Senior Civil Judge at Chikkamagaluru ['Trial Court' for short].
2. It is discerned that the said Civil Misc.No.11/2012 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 NC.