IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.54125/2016 (GM - CPC) BETWEEN:
1. SRI SRINIVAS S/O. SRI CHIKKAMUNIYAPPA, AGED ABOUT 66 YEARS, 2. SRI NARAYANA S/O. SRI CHIKKAMUNIYAPPA, AGED ABOUT 64 YEARS, 3. SRI KRISHNAPPA S/O. SRI CHIKKAMUNIYAPPA, AGED ABOUT 62 YEARS, 4. SRI RAMANNA S/O. SRI CHIKKAMUNIYAPPA, AGED ABOUT 60 YEARS, 5. SRI GOVINDAPPA S/O. SRI CHIKKAMUNIYAPPA, AGED ABOUT 58 YEARS, SL. NOS.1 TO 5 ARE RESIDING AT MALLIAYAPPANAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK – 563 122.
6. SMT. JAYAMMA W/O. SRI RAMANNA, DAUGHTER OF SRI. CHIKKAMUNIYAPPA, AGED ABOUT 48 YEARS, RESIDING AT: KARANALA VILLAGE, THOOBAGERE HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT – 562 103.
7. SMT. LAKSHMAMMA W/O. SRI GOPALAPPA, DAUGHTER OF SRI CHIKKAMUNIYAPPA, AGED ABOUT 43 YEARS, RESIDING AT: MADAPURA VILLAGE, TEKAL HOBLI, MALUR TALUK – 563 137. ... PETITIONERS (BY SRI DEVENDRA GOWDA R.R., ADVOCATE) AND:
1. SRI M.C. NARAYANASWAMY S/O. CHICKAMUNIYAPPA, AGED ABOUT 67 YEARS, 2. SMT. GIRIJAMMA W/O. SRI VENKATESH, AGED ABOUT 27 YEARS, SL. NOS.1 & 2 ARE RESIDING AT: MALLIAYAPPANAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK.
3. SMT. MANJULA W/O. CHANDRAPPA, D/O. M.C. NARAYANASWAMY, AGED ABOUT 33 YEARS, R/AT DYAVANAHALLI VILLAGE, VOKKALERY HOBLI, KOLAR TALUK – 563 122.
4. SMT. SHANTHAMMA W/O. SRIRAMAREDDY, D/O. M.C. NARAYANASWAMY, AGED ABOUT 31 YEARS, R/AT VAYAJAKUR VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK – 563 125.
5. SMT. ROOPA W/O. BYREGOWDA, D/O. M.C. NARAYANASWAMY, AGED ABOUT 29 YEARS, R/AT MACHANDAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK – 563 122.
6. SRI B.K. SRINIVAS S/O. LATE KRISHNAPPA, AGED ABOUT 43 YEARS, R/AT BETTAKOTE VILLAGE, CHENNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT – 562 110.
7. SRI R.B. PURUSHOTHAM S/O. R.D. BUJAGENDRA GOWDA, AGED ABOUT 39 YEARS, 8. SRI R.B. VENKATE GOWDA S/O. R.D. BUJAGENDRA GOWDA, AGED ABOUT 37 YEARS, SL. NOS.7 AND 8 ARE RESIDING AT REDDAHALLI VILLAGE, CHENNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT – 562 110.
9. SRI K.S. SRIRAMAIAH S/O. LATE SONNAPPA, AGED ABOUT 53 YEARS, R/AT KALANAYAKANAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGATTA TALUK, CHIKKABALLAPURA DISTRICT – 562 101.
10. SMT. CHANDRAKALA W/O. SRI K.S. KRISHNAPPA, AGED ABOUT 43 YEARS, R/AT KALANAYAKANAHALLI VILLAGE, JANGAMAKOTE HOBLI, SIDLAGATTA TALUK, CHIKKABALLAPURA DIST. – 562 101. ... RESPONDENTS (BY SRI A. RAVINDRA, ADVOCATE FOR R-1 AND R-2; SMT. SEEMA P., ADVOCATE FOR R-3 TO R-5;
R-6 & R-8 – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.144/2014 ON THE FILE OF THE HON’BLE PRL. CIVIL JUDGE (SR.DN.) & JMFC, KOLAR; CALL FOR THE RECORDS IN MISC. APPEAL NO.21/2015 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR; AND SET ASIDE THE ORDER DATED 03.09.2015 PASSED IN O.S.NO.144/2014 PASSED ON I.A.NO.1 FILED UNDER 39 RULES 1 & 2 R/W SECTION 151 OF CPC PASSED BY THE HON’BLE PRL. CIVIL JUDGE (SR.DN.) & JMFC, KOLAR BY ALLOWING THIS WRIT PETITION VIDE ANNEXURE-A AND ETC., THIS WRIT 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 03/09/2015 on I.A.No.1 in O.S.No.144/2014 on the file of Principal Civil Judge (Sr.Dn.) & JMFC, Kolar ['Trial Court' for short].
2. It is discerned that the said O.S.No.144/2014 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 S*