IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.22787-22789 OF 2015 (GM-CPC) BETWEEN:
SMT.VARAMAHALAKSHMI D/O LATE Y S B PUTTAIAH SETTY W/O M Y BADRASETTY AGED 61 YEARS R/O YERABALLI VILLAGE IMANGALA HOBLI HIRIYUR TALUK NOW RESIDING AT CHITRADURGA TOWN-577501.
... PETITIONER (BY SRI.HARISH H Valuation, ADVOCATE) AND:
1. SMT.YASHODAMMA W/O LATE Y S B PUTTAIAH SETTY NO 81 YEARS (EXPIRED. HENCE, RESPONDENT NOS.2 & 3 ARE ALREADY ON RECORD AS LRs OF DECEASED RESPONDENT NO.1) 2. SRI P NAGARAJ SETTY S/O LATE Y S B PUTTAIAH SETTY NOW 64 YEARS, RESIDING AT YERABALLI VILLAGE IMANGALA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT-577501 NOW RESIDING AT VENKATADRI NILAYA NEELAKANTESWARA EXTENSION HOLALKERE ROAD, CHITRADURGA -577501.
3. SMT. P LOKAMATHA D/O LATE Y S B PUTTAIAH SETTY W/O E S GOVINDARAJULU AGED 57 YEARS R/O RAINGUAGE EXTENSION PAVAGADA TALUK PAVAGADA TOWN.
4. SRI CHANDRASHEKARA SETTY S/O LATE SHARAF M HUCHHARAYA SETTY DEAD BY LRS 4a. SMT. MADHURAMBA W/O LATE CHANDRASHEKARA SETTY AGED 77 YEARS 4b. SMT. RAJESWARI D/O LATE CHANDRASHEKARA SETTY AGED 50 YEARS 4c. SMT. ANURADHA D/O LATE CHANDRASHEKARA SETTY AGED 47 YEARS 4d. SRI VENKATESHA S/O LATE CHANDRASHEKARA SETTY AGED 58 YEARS 4e. SRI NAGABUSHANA D/O LATE CHANDRASHEKARA SETTY AGED 55 YEARS RESPONDENT NOS.4(a) TO 4(e) ARE R/O AT C/O CHANDRASHEKARA SETTY AND CO., JEWELLERS, SANTHEPETE CHITRADURGA-577501.
5. SMT. N VIJAYALAKSHMI W/O P NAGARAJA SETTY AGED 58 YEARS R/O AT VENKATADRI NILAYA NEELAKANTESWARA EXTENSION HOLALKERE ROAD CHITRADURGA-577501.
6. SRI Y T RANGANATH S/O D R THIPPESWAMY, 74 YEARS, R/O YERABALLI VILALGE IMANGALA HOBLI, HIRIYUR TLAUK CHITRADURGA DISTRCIT-577501.
7. R RANGANATH PUJAR S/O LATE RANGAPPA MAJOR, AGE NOW KNOWN R/O KANDIKERE YERABALLI POST IMANGALA HOBLI, HIRIYUR TALUK CHITRADURGA DISTRICT-577501.
8. SMT. SHAKUNTHALAMMA W/O KRISHNA MURTHY MAJOR, AGE NOT KNOWN BALAJI MEDICALS, GANDHI CIRCLE HIRIYUR, CHITRADURGA DISTRICT-577501.
9. SMT. VIJAYASHANTHI W/O KRISHNA MURTHY MAJOR, AGE NOT KNOWN R/O AT VENKATADRI NILAYA NEELAKANTESWARA EXTENSION HOLALKERE ROAD, CHITRADURGA-577501.
10. SMT. MADHU R JAIN W/O V RAJESH KUMAR AGED 47 YEARS R/O 4TH BLOCK NEELAKANTESWARA EXTENSION CHITRADURGA-577501.
(BY SRI.PARAS JAIN, ADVOCATE FOR R2 SRI.S.SHESHADRI, ADVOCATE FOR R8 R-4(a) TO (e), R6, R7, R10 ARE SERVED ... RESPONDENTS VIDE ORDER DATED 27.1.16, NOTICE TO R3 DISPENSED VIDE ORDER DATED 27.11.18, NOTICE TO R5 & R9 ARE H/S) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED COMMON ORDER DTD.13.3.2015 PASSED BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA IN O.S.NO.27/2006 ON IA.NO.13 FILED BY THE PETITIONER UNDER ORDER 6 RULE 17 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE [AS PER ANNEX-K].
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Plaintiff in O.S.No.27/2006 on the file of the I Additional Senior Civil Judge, Chitradurga has come up in these Writ Petitions impugning the orders dated 13.03.2015 passed on interlocutory applications.
2. When these matters are taken up for consideration this day, the stage of the original proceedings in O.S.No.27/2006 is looked into in the e-courts website of Chitradurga District. On going through the same, it is seen that O.S.No.27/2006 has already been disposed of by judgment dated 30.11.2018. Therefore, nothing survives for consideration in these Writ Petitions as the same has become infructuous. Accordingly, these Writ Petitions are dismissed as having become infructuous.
Sd/- JUDGE Prs*