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.42599/2016 (GM – CPC) BETWEEN:
SRI Z.A.AZAM S/O LATE ZAFAR ALI, AGED ABOUT 46 YEARS, R/AT NO.81, VALLABAI ROAD, SANTHEPETE, HASSAN-573201 ... PETITIONER [BY SRI VIGHNESHWAR S. SHASTRI, ADV.] AND:
1. SRI AMJAD NOUSHAD A.R., S/O LATE ZAFAR ALI, AGED ABOUT 58 YEARS, NO.471, 2ND CROSS, S.S.NAGAR, BANNIMANTAP B LAYOUT, MYSORE-570015 2. SRI ARSHAD RAHMAN A.Z., S/O LATE ZAFAR ALI, AGED ABOUT 48 YEARS, 1ST MAIN, 2ND CROSS, OPP.SAGAR CLINIC, RAGHAVENDRA MUTT ROAD, RAVINDRA NAGAR, HASSAN-573201 3. SRI AFSAR SAHEEN S/O LATE ZAFAR ALI, AGED ABOUT 56 YEARS, 1ST MAIN, 2ND CROSS, OPP.SAGAR CLINIC, RAGHAVENDRA MUTT ROAD, RAVINDRA NAGAR, HASSAN-573201 4. SRI AJMAL SUHAIL S/O LATE ZAFAR ALI, AGED ABOUT 54 YEARS, 1ST MAIN, 2ND CROSS, OPP.SAGAR CLINIC, RAGHAVENDRA MUTT ROAD, RAVINDRA NAGAR, HASSAN-573201 5. SRI ABDUL RAHIM ADIL S/O LATE ZAFAR ALI, AGED ABOUT 50 YEARS, 1ST MAIN, 2ND CROSS, OPP.SAGAR CLINIC, RAGHAVENDRA MUTT ROAD, RAVINDRA NAGAR, HASSAN-573201 6. SMT.RUKHYA BEGUM S/O LATE ZAFAR ALI, AGED ABOUT 81 YEARS, 1ST MAIN, 2ND CROSS, OPP.SAGAR CLINIC, RAGHAVENDRA MUTT ROAD, RAVINDRA NAGAR, HASSAN-573201 7. SMT.SAYARA JABEEN W/O Mr. DAULAT HUSSAIN, D/O LATE ZAFAR ALI, AGED ABOUT 52 YEARS, NO.475, TK LAYOUT, 4TH STAGE, 10TH MAIN, MYSORE-570023 …RESPONDENTS [BY SRI S.Z.A.KHURESHI, ADV. FOR R-1; R-3 TO R-7 NOTICE DISPENSED WITH.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.06.2016 PASSED ON PRELIMINARY ISSUE (ADDITIONAL ISSUE NO.1) IN O.S.NO.65/2010 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE & JMFC AT HASSAN AS PER ANNEXURE-H.
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 30.06.2016 passed on Preliminary Issue [additional issue No.1] in O.S.No.65/2010 on the file of the Additional Senior Civil Judge & JMFC at Hassan ['Trial Court' for short].
2. It is discerned that the said O.S.No.65/2010 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.