IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.8783/2014 AND WRIT PETITION No.9609/2014 (GM-CPC) BETWEEN:
SRI T.R. RANGASWAMY, S/O LATE RANGAPPA, AGED ABOUT 67 YEARS, R/AT #52/2, MARAPPA GARDEN, 3RD CROSS, MUNI REDDY PALYA, BANGALORE.
(BY SRI DESHRAJ, ADVOCATE) AND:
1. KRISHNAPPA, S/O LATE NATARAJAN SINCE DEAD BY HIS LRS., (a) SMT.SUNANDA, W/O LATE KRISHNAPPA, R/AT PROPERTY BEARING KHATA NO.487/585, (OLD NO.487/3254), OPPOSITE TO HOUSE NO. 2478, 3RD CROSS, WARD NO.9, VINOBHANAGAR, TUMKUR.
... PETITIONER 2. T.R.KRISHNAPPA, S/O LATE RANGAPPA AGED ABOUT 64 YEARS R/AT #2478, VINOBANAGAR, TUMKUR.
SINCE DEAD REP. BY LRS 2(A) SMT.SARVAMMA, W/O LATE T.R.KRISHNAPPA, AGED ABOUT 51 YEARS, R/AT NO.2478, GROUND FLOOR, SOUTH FACING, 3RD CROSS, VINOBHA NAGAR, TUMKUR TALUK & DISTRICT-572101.
3. RANGA RAJA, S/O LATE T.R.KRISHNAPPA, AGED ABOUT 31 YEARS, R/AT NO.2478, GROUND FLOOR, SOUTH FACING, 3RD CROSS, VINOBHA NAGAR, TUMKUR TALUK & DISTRICT-572101.
AND WORKING ADDRESS, ASSISTANT MANAGER, MUTTUT FINANCE, RITHI JEWELERS, TUMKUR TALUK & DISTRICT-572101.
... RESPONDENTS (BY SRI T. SRINIVASAN, ADVOCATE FOR R2;
R2(A) AND R2(B) ARE SERVED ON IA 1/2015, BUT UNREPRESENTED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDE DATED 26.7.12, PASSED ON IA. FILED BY THE R2, UNDER ORDER 1 RULE 10 OF CPC., IN OS.NO.485/2005 PASSED BY THE LEARNED I ADDITIONAL CIVIL JUDGE & JMFC-II AT TUMKUR VIDE ANNEXURE-Q & CONSEQUENTLY REJECT THE SAID IA OF THE R2.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner submits that the original suit in O.S.No.485/2005 itself has been disposed of by the Trial Court.
2. The submission is placed on record.
3. Recording the submission of the learned counsel for the petitioner, the writ petitions are dismissed, as they do not survive for consideration.
However, petitioner is at liberty to file an application to recall this order, if the suit is pending.
Sd/- JUDGE kcm