IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 39265 OF 2019 (GM-CPC) BETWEEN:
SRI RAGHAVENDRA RAO ADOPTED SON OF LATE ESHWAR RAO & NATURAL SON OF VENKATA RAO AGED ABOUT 40 YEARS R/AT NO.421, 6TH CROSS KANAKANAGARA CHANNAPATNA TOWN – 562 159 RAMANAGARA DISTRICT (BY SRI. MITHUN G A, ADVOCATE) AND 1. AMBIKA W/O SAMPATH RAO D/O LATE ESHWARA RAO AGED ABOUT 38 YEARS R/A RAMOHALLI KUMBALGOD POST BANGALORE SOUTH TALUK – 560 036 2. JANSI BAI W/O PRAKASH D/O LATE ESHWARA RAO AGED ABOUT 36 YEARS R/A NO.30, ULLA UPANAGAR BENGALURU – 560 036 (BY SRI. N SUBBA SHASTRY, FOR R1 & R2) … PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE & JMFC, CHANNAPATNA ON I.A.NO.15 IN O.S.NO.34/2013 ON 06.08.2019 VIDE ANNEXURE-A BY DISMISSING THE SAME, WHICH WAS FILED BY THE PETITIOENR HEREIN FOR AMENDMENT OF THE PLAINT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The suit from which the impugned order emanated having been dismissed today as asserted by the learned counsel for the respondents, the prayer sought in this petition has rendered infructuous.
Accordingly, petition stands disposed off as having become infructuous.
Liberty is reserved to the petitioner to make the impugned order a ground in the appeal as provided under Section 105 read with Order XLIII Rule 1A of CPC, 1908, if & when he chooses to lay a challenge to the decree in question.
All contentions of the parties are kept open.
Sd/- JUDGE Bsv