IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.25547/2014 (GM-CPC) BETWEEN:
SRI V.PANDU S/O SANIYARA AND SUKRA AGED ABOUT 58 YEARS R/AT BASRIMATA HOLLARA BETTU VODERHOBLI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT – 583 201 ...PETITIONER (BY SRI VIGNESHWAR S.SHASTRI, ADVOCATE) AND:
SRI RAMESH ACHARY S/O KRISHNAYYA ACHARI AGED ABOUT 46 YEARS R/AT PATAGHAR MANE KUMBHASHI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT – 583 201 ...RESPONDENT (BY SRI K.CHANDRANATH ARIGA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.01.2014 (ANNEXURE-G) PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE, KUNDAPURA IN MISC.APPEAL NO.8/2012.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. This writ petition is by the defendant and is directed against the judgment dated 04.01.2014 passed by the Court of the Senior Civil Judge, Kundapura in Miscellaneous Appeal No.8/2012.
2. Learned Counsel appearing for the petitioner submits that the suit, out of which this writ petition has arisen, itself has been dismissed for non-prosecution. Hence, this writ petition does not survive for consideration. It is accordingly disposed of as having become infructuous.
3. However, the petitioner is at liberty to apply for restoration of the writ petition in the event the suit is restored to file.
Petition disposed of.
Sd/- JUDGE KSR