IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 19976/2015(GM-FC) BETWEEN:
SRI PATRICK ANDERSON VIJAYKUMAR S/O M JESUDAS AGED ABOUT 39 YEARS R/A FLAT NO. D206 MANTRI SPLENDOR, GEDDALAHALLI HENNUR ROAD,BANGALORE-560077 ... PETITIONER (BY SRI.KIRAN S. ROZARIO, ADV.) AND SMT. MAHELIA EBENEZER W/O PATRICK ANDERSON VIJAYKUMAR AGED ABOUT 37 YEARS R/A FLAT NO. 301 GEETANJALI CORNER-1 APT PLOT NO.1027, GEETANJALI LAYOUT NEW THIPPASANDRA, BANGALORE-560075.
... RESPONDENT (BY SRI.GEETHA MENON, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.29.4.2015 IN G & WC 113/2015 PASSED BY THE HON'BLE PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU VIDE ANNEX-A BY ISSUING A WRIT IN THE NATURE OF CERTIORARI AND ALLOWING THE PRAYER OF THE PETITIONER IN I.A.NO.5 IN G & WC 113/2015.
THIS WRIT 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 directed against the order dated 29.4.2015 passed in G&WC 113/2015 by the Principal Judge, Family Court, Bangalore vide Annexure-A.
2. The order dated 29.4.2015 passed in G & WC reads as under:
“The advocate for the respondent files objection on I.A.No.5.
The Advocate for the petitioner submits hat he is ready for arguments but 2.5.2015 is the last day before summer vacation and sufficient cases have already been posted for orders and judgment upto 2.5.2015. Hence, arguments on I.A. by 30.5.2015.”
3. The learned counsel for the respondent has filed a memo stating that the main G & WC 113/2015 itself has been dismissed for default on 1.4.2016. Hence, the writ petition does not survive for consideration.
Memo is placed on record.
In view of the memo filed, the writ petition is dismissed as having become infructuous.
Sd/- JUDGE DM