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.13019/2017 (GM - CPC) BETWEEN:
MR. VIKRAM RAVI MENEZES, AGED ABOUT 40 YEARS, S/O. MR. PASCAL MENEZES, GOVEAS COMPOUND, BAJPE P.O., & VILLAGE, MANGALORE – 575 002. ... PETITIONER (BY SRI CYRIL PRASAD PAIS) AND:
1. MR. ANAND PRAKASH NAZARETH, AGED ABOUT 42 YEARS, S/O. LATE MR. J.A. NAZARETH, 1-6-492, NEAR KOTTARA SCHOOL, ASHOK NAGAR P.O., MANGALORE – 560 006.
2. MRS. EVA D’CUNHA, AGED ABOUT 77 YEARS, W/O. LATE MR. GREGORY D’CUNHA, “TWIN COTTAGE”, KOTTARA P.O., ASHOK NAGAR, MANGALORE – 560 006.
3. MRS. MARIA SHAILA SALDANHA @SHAILA D’CUNHA, AGED ABOUT 53 YEARS, W/O. MR. OSWALD SALDANHA, P.O. BOX NO.4184, GULF MEDICAL COLLEGE, AJMAN, U.A.E.- 4184.
4. MRS. VIMALA MASCARENHAS, AGED ABOUT 49 YEARS, W/O. MR. LIONEL MASCARENHAS, “TWIN COTTAGE”, KOTTARA P.O., ASHOK NAGAR, MANGALORE – 560 006.
5. MRS. MAYOLA MENDONCA @ NEE MAYOLA D’CUNHA, AGED ABOUT 39 YEARS, W/O. MR. MANOHAR MENDONCA, “TWIN COTTAGE”, KOTTARA P.O., ASHOK NAGAR, MANGALORE – 560 006.
6. MR. PREM NEIL D’CUNHA AGED ABOUT 47 YEARS, S/O. LATE MR. GREGORY D’CUNHA, “TWIN COTTAGE”, KOTTARA P.O., ASHOK NAGAR, MANGALORE – 560 006.
7. MR. RATHNAKARA SHETTY, AGED ABOUT 62 YEARS, S/O LATE MR. THIMMAPPA SHETTY, “PRAKRUTHI”, MANNAGUDDA 1ST CROSS, MANGALORE – 560 003.
8. MR. M. NARENDRANATH NAYAK AGED ABOUT 54 YEARS, S/O. MR. THRIVIKRAM V. NAYAK, DOOR NO.6-10-410/2, POORNODAYA, GUNDURAO LANE, MANNAGUDDA, MANGALORE – 560 003. ... RESPONDENTS (BY SRI GIRDHAR H., ADVOCATE FOR R-1; VIJAYAKRISHNA BHAT, ADVOCATE FOR R-2, R-4 & R-5; R-3, R-6 TO R-8 – SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.01.2016 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT MANGALORE DAKSHINA KANNADA IN O.S.NO.578/2010 VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION FILED THE PETITIONER.
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 04/01/2016 in O.S.No.578/2010 on the file of Principal Civil Judge & JMFC at Mangaluru, D.K. ['Trial Court' for short].
2. It is discerned that the said O.S.No.578/2010 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 S*