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.21487/2016 (GM – CPC) BETWEEN:
1. SRI SRI SRI IMMADI KARIBASAVA DESHIKENDRA SWAMIGALU, K.R.EXTENSION, TIPTUR TOWN, TUMKUR DISTRICT, REP. BY POWER OF ATTORNEY HOLDER, B.N.SHANKARAPPA, S/O LATE GUDI NANJAPPA, AGED ABOUT 59 YEARS, RESIDENT OF BYRAPURA, KIBBANAHALLI HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201.
2. SRI BALLEKATTE SAMSTHANA SRI MATADA VIDYA SAMASTHE (REGD.), SIDLEHALLY SAMSTHANA VEERASHAIVA, GURUKULANANDASHRAMA, K.R.EXTENSION, TIPTUR TOWN, TUMKUR DISTRICT, REPRESENTED BY ITS PRESIDENT, SRI SRI SRI IMMADI KARIBASAVA DESHIKENDRA SWAMIGALU, AGED ABOUT 56 YEARS, K.R.EXTENSION, TIPTUR TOWN, TUMKUR DISTRICT.
REP. BY POWER OF ATTORNEY HOLDER, B.N.SHANKARAPPA, S/O LATE GUDI NANJAPPA, AGED ABOUT 59 YEARS, RESIDENT OF BYRAPURA, KIBBANAHALLI HOBLI, AND:
TIPTUR TLAUK, TUMKUR DISTRICT-572201. ... PETITIONERS (BY SRI GANGADHARAPPA. A.V., ADV.) 1. SIDDALINGAMURTHY S/O BALAIAH, AGED ABOUT 67 YEARS, RESIDENT OF BALLEKATTE, KIBBANAHALLY HOBLI, TIPUTR TALUK, TUMKUR DISTRICT-572201.
2. B VISHWANATHAPPA S/O KARIKERE BASAPPA, AGED ABOUT 65 YEARS, 3. K N SHIVANANJAPPA S/O K.S.NANJAMARI, AGED ABOUT 61 YEARS, 4. K S SHANMUKHAIAH S/O SHIVANNA, AGED ABOUT 77 YEARS,.
5. K MALLIKARJUNAIAH S/O K.B.KALLAPPA, AGED ABOUT 42 YEARS, 6. B V SUNDARESHWARA S/O B.VISWANATHAPPA, AGED ABOUT 38 YEARS, 7. C B BASAVESWARA S/O B.CHANDRASHEKARAIAH, AGED ABOUT 34 YEARS, RESPONDENTS No.2 TO 7 ARE RESIDENTS OF KUPPALU, KIBBANAHALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201.
8. K C LOKESH S/O CHANDRASHEKARAIAH, AGED ABOUT 47 YEARS, 9. PANCHAKSHARAIAH S/O BASAVAIAH, AGED ABOUT 61 YEARS, RESPONDENTS No. 8 & 9 ARE RESIDENTS OF KOTTIGEHALLI, KIBBANAHALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201.
10. SHANKARAPPA S/O CHIKKATHIMMAIAH, AGED ABOUT 77 YEARS, 11. KANTHARAJU S/O SHANKARAPPA, AGED ABOUT 48 YEARS, 12. B S BASAVARAJU S/O HONNAPPA, AGED ABOUT 63 YEARS, RESPONDENTS No.10 TO 12 ARE RESIDENTS OF BYRAPURA, KIBBANAHALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201.
13. S JAYANNA S/O UDDELAKKAIAH, AGED ABOUT 61 YEARS, RESIDENT OF SHETTYHALLI, KIBBANAHALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201.
14. M B MANJUNATH S/O H.G.BASAPPA, AGED ABOUT 64 YEARS, RESIDENT OF MADLIHALLI, KIBBANAHALLY HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572201.
15. STATE OF KARNATAKA REP. BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.
16. THE REGISTRAR OF SOCIETIES TUMKUR DISTRICT, TUMKUR-5K72101. ... RESPONDENTS (BY SRI D R ANANDEESHWARA, HCGP. FOR R15 & R16 SRI S N BHAT, ADV. FOR R1 TO 4 & 6-14) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS OF THE CASE AND QUASH THE ORDER DATED 01.03.2016 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC AT TIPTUR IN MISC.NO.2/2014 ON THE APPLICATION FILE BY THE PETITIONER UNDER ORDER 3 RULE 2 OF CPC VIDE ANNEX-E AND TO ALLOW THE APPLICATION AS PRAYED FOR BY PERMITTING THE PETITIONERS TO BE REPRESENTED BY POWER OF ATTORNEY HOLDER VIDE ANNEX-C.
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 01.03.2016 passed in Misc.No.2/2014 on the file of the Civil Judge and JMFC at Tiptur ['Trial Court' for short].
2. It is discerned that the said Misc.No.2/2014 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.