IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.25428/2016 (GM – CPC) BETWEEN:
1. SRI RAMESH GOWDA S/O LATE A N ARASEGOWDA, AGED ABOUT 54 YEARS, R/AT CHIKKAMARADI, HOSUDI POST, NIDIGE HOBLI, SHIMOGA TALUK & DISTRICT-577422 2. SRI KUMARA GOWDA S/O LATE A N ARASEGOWDA, AGED ABOUT 49 YEARS, R/AT LAKSHMI NILAYA 5TH CROSS, H H ROAD, SIDDESHWARA NAGAR, SHIMOGA DISTRICT-577422. ... PETITIONERS [BY SRI DESHRAJ, ADV.] AND:
1. SRI. DEVARAJE GOWDA S/O LATE A N ARASEGOWDA, AGED ABOUT 58 YEARS, R/AT CHIKKAMARADI, HOSUDI POST, NIDIGE HOBLI, SHIMOGA TALUK & DISTRICT-577422 2. SRI NAGARAJA GOWDA S/O LATE A N ARASEGOWDA, AGED ABOUT 56 YEARS, R/AT CHIKKAMARADI, HOSUDI POST, NIDIGE HOBLI, SHIMGOA TALUK & DISTRICT-577422 3. SMT LAKSHMAMMA W/O LATE A N ARASEGOWDA AGED ABOUT 79 YEARS, R/AT CHIKKAMARADI, HOSUDI POST, NIDIGE HOBLI, SHIMOGA TALUK & DISTRICT-577422 4. SMT SUMITRA D/O LATE A N ARASEGOWDA, AGED ABOUT 52 YEARS, R/AT RAJAMANI CHAL, NO.12, AZAD NAGAR, DARGA CROSS ROAD, SHOLAPUR WEST, MAHARASHTRA STATE-400078 5. SMT SHASIKALA D/O LATE A N ARASEGOWDA, AGED ABOUT 50 YEARS, R/AT GURNAHALLI VILLAGE P.O., CHENNARAYANPATNA TALUK, HASSAN DISTRICT-573211 …RESPONDENTS [BY SRI B.M.HALASWAMY, ADV. FOR R-1 & R-2.] THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.04.2016 PASSED ON I.A. FILED BY THE PLAINTIFF/R-1 & 2 UNDER ORDER-VI RULE 17 OF CPC IN O.S.NO.134/2012 BY THE FIRST ADDL. SENIOR CIVIL JUDGE, SHIMOGA VIDE ANNEX-G AND CONSEQUENTLY REJECT THE SAID I.A. FILED BY THE PLAINTIFFS/R-1 & 2.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This writ petition is filed against the order dated 07.04.2016 on I.A filed under Order 6 Rule 17 of CPC in O.S.No.134/2012 on the file of the I Additional Senior Civil Judge and CJM at Shimoga ['Trial Court' for short].
2. It is discerned that the said O.S.No.134/2012 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 disposed of as having rendered infructuous.
Sd/- JUDGE NC.