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.16808/2016 (GM - CPC) BETWEEN:
1. MR. V.M. VENAKTESHAPPA S/O. LATE MUNIYAPPA, AGED ABOUT 83 YEARS, 2. MR. V. RATHNAPPA S/O. V.M. VENATESHAPPA, AGED ABOUT 61 YEARS, 3. MR. V. VENKATARAMAIAH S/O. V.M. VENATESHAPPA, AGED ABOUT 58 YEARS, 4. MR. V. SREEAME GOWDA S/O. V.M. VENATESHAPPA, AGED ABOUT 46 YEARS, NO.1 TO 4 ARE RESIDING AT VITTAPPANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
5. SMT. PRAMEELAMMA W/O. CHADNRAPPA, D/O. V.M. VENKATESHAPPA, AGED ABOUT 41 YEARS, RESIDING AT BENAJENAHALLI VILLAGE, KOLAR TALUK.
6. SMT. SUGANAMMA W/O. LATE CHANDRAPPA, D/O. V.M. VENKATESHAPPA, AGED ABOUT 39 YEARS, RESIDING AT KARAHALLI VILLAGE, HOSKOTE TALUK.
7. SMT. SHANTHAMMA W/O. MANJAPPA, D/O. V.M. VENKATESHAPPA, AGED ABOUT 37 YEARS, RESIDING AT DODA GANJOOR VILLAGE, CHINTAMANI TALUK. ... PETITIONERS (BY SRI NARAYANA SWAMY P.M., ADVOCATE) AND:
1. SRI V.M. NARAYANAGOWDA S/O. LATE MUNIYAPPA, AGED ABOUT 79 YEARS, 2. SRI GOPALAGOWDA S/O. V.M. NARAYANAGOWDA, AGED ABOUT 56 YEARS, 3. SRI V.N. SRINIVASAGOWDA S/O. V.M.NARAYANAGOWDA, AGED ABOUT 41 YEARS, 4. SRI V.N. SHANAKRAPPA S/O. V.M. NARAYANAGOWDA, AGED ABOUT 36 YEARS, 5. SRI V.N. RAVINDRA S/O. V.M. NARAYANAGOWDA, AGED ABOUT 33 YEARS, 6. SMT. MENASAMMA D/O. V.M. NARAYANAGOWDA, AGED ABOUT 61 YEARS, NO.1 TO 6 ARE RESIDING AT VITTAPPANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
7. SMT. RATHNAMMA @ AMMAIAH W/O. NARAYANAPPA, D/O. V.M. NARAYANAGOWDA, AGED ABOUT 49 YEARS, RESIDING AT NALLUR VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK.
8. SMT. CHANDRAKALA W/O. SRINIVASAPPA, D/O. V.M. NARAYANAGOWDA, AGED ABOUT 36 YEARS, RESIDING AT NALLUR VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK.
9. SMT. SARASAMMA W/O. MURALI, D/O. V.M. NARAYANAGOWDA, AGED ABOUT 34 YEARS, RESIDING AT CHAMBE VILLAGE, TEKAL HOBLI, MALUR TALUK. ... RESPONDENTS (BY SMT. AKKAMAHADEVI, ADVOCATE FOR R-1 TO R-5, R-7 & R-8; R-6 & R-9 – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.02.2015, PASSED BY THE 2ND ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) AT KOLAR IN O.S.NO.324/2014 ON I.A.NO.I DATED 06.02.2015 AND THE SAID IA CAME TO BE DISMISSED ON 6.2.2015, UNDER ORDER 39 RULE 1 AND 2 OF CPC, IN O.S.NO.324/2014, VIDE ANNEXURE-E AND AGAINST WHICH FILED MA NO.2/2015, BEFORE THE PRINCIPLE DISTRICT AND SESSION JUDGE AT KOLAR, AND SAME WAS DISMISSED ON 15.03.2016, AND THE SAID APPEAL WAS DISMISSED, ORDER DATED 15.03.2016 VIDE ANNEXURE-G, AND ALLOW THIS WRIT PETITION.
THIS WRIT 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 06/02/2015 on I.A.No.1 in O.S.No.324/2014 on the file of II Additional Civil Judge (Senior Division) & JMFC at Kolar ['Trial Court' for short].
2. It is discerned that the said O.S.No.324/2014 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*