IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.13760 OF 2015 (GM-CPC) c/w WRIT PETITION NO.34058 OF 2014 (GM-CPC) IN W.P.No.13760 OF 2015:
BETWEEN:
SRI PREMANATHA HEGDE S/O LATE BHASKARA HEGDE AGED ABOUT 42 YEARS R/A SADUR MEGINAMANE THENKAULIPADY VILLAGE ADDOOR POST, MANGALURU TALUK-574 145 DAKSHINA KANNADA. ...PETITIONER (By Sri SANATHKUMAR SHETTY K., ADVOCATE) AND:
1. SMT.PUSHPA D/O LATE SMT.TANAKJU W/O LATE KINJANNA SHETTY AGED ABOUT 89 YEARS 2. SMT.UMAVATHI D/O KINJANNA SHETTY AGED ABOUT 69 YEARS.
3. SMT.CHITRA SHETTY D/O KINJANNA SHETTY AGED ABOUT 66 YEARS.
RESPONDENTS No.1 TO 3 ARE RESIDING AT SADOOR, MANGALURU TALUK-574 145 DAKSHINA KANNADA.
4. PRASANNA KUMAR SHETTY S/O LATE SANJEEVA SHETTY AND LAXMI AGED ABOUT 59 YEARS R/A “PRASANNA VIJAYA” PUTHIGEPADAVU SAMPIGE POST – 574 219.
5. SMT.GIRIJA D/O LATE K.SANJEEVA SHETTY AND LAXMI AGED ABOUT 56 YEARS R/A KALLIGE HOUSE PACHANADKA BANTWAL TALUK DAKSHINA KANNADA-574 219.
6. SMT.SHAILA SHETTY D/O LATE K.SANJEEVA SHETTY AND LAXMI AGED ABOUT 49 YEARS.
7. SRI PRASAD SHETTY S/O LATE K.SANJEEVA SHETTY AND LAXMI AGED ABOUT 47 YEARS RESPONDENTS No.6 AND 7 ARE R/AT MIJAR HOUSE, MIJAR POST, MANGALURU TALUK – 575 001.
8. DEVIPRASAD HEGDE S/O LATE DHARMAPALA HEGDE AGED ABOUT 50 YEARS KARAMOGARU HOUSE GURUPURA POST MANGALURU TALUK-574 145 9. SMT.SAROJINI W/O LATE NARAYANA HEGDE AGED ABOUT 69 YEARS 10. SMT.SHANKARI D/O LATE NARAYANA HEGDE AGED ABOUT 52 YEARS 11. ROHITHA S/O LATE NARAYANA HEGDE AGED ABOUT 50 YEARS.
12. PUSHPARAJA S/O LATE NARAYANA HEGDE AGED ABOUT 48 YEARS.
13. SMT.PAVANA D/O LATE NARAYANA HEGDE AGED ABOUT 52 YEARS R/A THENKAULIPADY VILLAGE ADDOOR POST MANGALURU TALUK-574 145.
14. SMT.SUBHASHANKAR HEGDE D/O LATE RAMAKRISHNA HEGDE AGED ABOUT 59 YEARS.
15. RAMESH HEGDE S/O LATE RAMAKRISHNA HEGDE AGED ABOUT 56 YEARS 16. SMT SUDHA HEGDE D/O LATE RAMAKRISHNA HEGDE AGED ABOUT 51 YEARS 17. RAJENDRA HEGDE S/O LATE RAMAKRISHNA HEGDE AGED ABOUT 49 YEARS RESPONDENTS No.9 TO 12 AND 14 TO 17 ARE RESIDING AT BELLIBETTUGUTHU GURUPURA POST MANGALURU TALUK – 575 001.
18. SMT.VIJAYALAXMI HEGDE W/O LATE BHASKARA HEGDE AGED ABOUT 64 YEARS R/A SADUR MEGINAMANE THENKAULIPADY VILLAGE ADDOOR POST MANGALRUU TALUK-574 145. ...RESPONDENTS (BY SRI K.R.SUBRAMANYA RAO, ADVOCATE FOR R1; SRI B.L.ACHARYA, ADVOCATE FOR R3;
R2, R4, R6 TO R8, R10, 12, 14 TO 18 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.03.2015 PASSED ON I.A.NO.IV IN FDP NO. 17/2010 ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC MANGALURU VIDE ANN-A, ETC., IN W.P.NO.34058 OF 2014:
SMT.PUSHPA D/O LATE SMT.TANAKJU AGED ABOUT 89 YEARS OCCUPATION: HOUSEWIFE, RESIDING AT SADOOR MEGINA MANE, THENKAULIPADY VILLAGE, ADDOOR POST, MANGALURU TALUK-574 145 DAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI K.R.SUBRAMANYA RAO, ADVOCATE) AND:
1. SMT.VIJAYALAXMI HEGDE W/O LATE BHASKARA HEGDE HOUSEWIFE, AGED ABOUT 63 YEARS 2. SRI PREMANATHA HEGDE S/O LATE BHASKARA HEGDE AGED ABOUT 42 YEARS BOTH ARE RESIDING AT SADUR MEGINAMANE THENKAULIPADY VILLAGE ADDOOR POST MANGALURU TALUK-574 145 DAKSHINA KANNADA DISTRICT. ...RESPONDENTS (BY SRI SANATH KUMAR SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN M.A.NO.27/2011 ON THE FILE OF THE I ADDL.SENIOR CIVIL JUDGE, MANGALURU AND QUASH 2ND PORTION OF THE ORDER DATED 27.08.2013 PASSED IN M.A.NO.27/2011 ON THE FILE OF I ADDL.SENIOR CIVIL JUDGE, MANGALURU VIDE ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
* * * * O R D E R In W.P.No.13760 of 2015, the second petitioner in F.D.P.No.17 of 2010 on the file of the II Additional Civil Judge and JMFC, Mangaluru, Dakshina Kannada District, has come up in this writ petition impugning the order dated 17.03.2015 passed on I.A.No.4.
2. When this matter is taken up for consideration this day, the stage of the proceedings in F.D.P.No.17 of 2010 is looked into in the website of Mangaluru, it is seen that F.D.P.No.17 of 2010 has already been disposed of vide judgment dated 07.10.2016. Therefore, nothing survives for consideration in this writ petition as the same has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous.
3. In W.P.No.34058 of 2014, the first respondent in F.D.P.No.17 of 2010 on the file of the II Additional Civil Judge and JMFC, Mangaluru, Dakshina Kannada District has come up in this writ petition impugning the order dated 27.08.2013 passed in M.A.No.27 of 2011, which is a miscellaneous proceedings initiated against the order passed on I.A.No.2 in F.D.P.No.17 of 2010.
4. When this matter is taken up for consideration this day, the stage of the proceedings in F.D.P.No.17 of 2010 is looked into in the website of Mangaluru, it is seen that F.D.P.No.17 of 2010 has already been disposed of vide judgment dated 07.10.2016. Therefore, nothing survives for consideration in this writ petition as the same has become infructuous. Accordingly, this writ petition is dismissed as having become infructuous.
Sd/- JUDGE dh