IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49170 OF 2016 (GM – CPC) BETWEEN:
Thimmamma W/o Mahalinge Gowda Aged about 65 years R/at H.Honnenahalli Village and Post Hirisave Hobli, Channarayapatna Taluk Hassan District-573 201 [By Sri Srinivas V. Adv.] AND:
1. Kum. Hemalath @ Kushi D/o late Dhare Gowda Aged about 11 years Since Minor Represented by Mother Natural Guardian Smt.Lakshmamma 2. Smt.Lakshmamma @ Meenakshi W/o late Dhare Gowda Aged about 40 years Both are R/at Vaggarahalli Village Dandiganahalli Hobli Channarayapatna Taluk-573 201 3. Somashekara @ swamy S/o Mahalinge Gowda Aged about 33 years ... Petitioner 4. Mahalingegowda S/o Late Thimmegowda Aged about 57 years 5. Kumari W/o Dhanjaya Aged about 36 years Respondent No.3 to 5 are R/at H Honnenahalli Village Hirisave Hobli Channarayapatna Taluk Hassan District.
6. Shashi W/o Krishnegowda Aged about 34 years Jinnenahalli village Hirisave Hobli Channarayapatna Taluk Hassan District – 573201.
7. H.M. Gowramma W/o Manjunath Aged about 43 years M. Kalenahalli village Dandiganahalli Hobli Channarayapatna Taluk Hassan District – 573201.
[By Sri P.S.Manjunath, Adv. for R-2 Notice to R-3 to R-7 is dispensed with V/o dated: 27.09.2016) …Respondents This Writ Petition is filed under Article 227 of the Constitution of India, praying to call for records in FDP No.7/2015 on the file of the Senior Civil Judge at Channarayapatna and quash the order dated 26.07.2016 passed I.A. filed under Order 1 Rule 10(2) of CPC by the petitioner in FDP No.7/2015 on the file of the Senior Civil Judge at Channarayapatna vide Annexure-F to the writ petition and consequently allow the application filed by the petitioner.
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 26.07.2016 in FDP.No.7/2015 on the file of the Senior Civil Judge, Channarayapatna ['Trial Court' for short].
2. It is discerned that the said FDP.No.7/2015 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 PMR