IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.P.NO. 60577/2016 (GM-CPC) BETWEEN:
Smt. Yasmin Ali, W/o late Hafeez Ali, Aged about 60 years, R/a No.25, A-301, ‘A’ Block, Janya Gardenia Apartments, Kaveri Nagara, Kanaka Nagar, R.T.Nagara-Post, Bangalore – 560 032. ... Petitioner (By Sri.Husen Basha K. Adv.) AND:
Smt. Uma W/o D.Ganesh, Aged about 48 years, R/a No.211, Grapes Garden, Viswanatha Nagenahalli Main Road, R.T.Nagara-Post, Bangalore-560032. ... Respondent (By Sri. K.H.Thimmaiah Adv.) This writ petition is filed under article 227 of the Constitution of India, praying to direct the Hon’ble City Civil & Sessions Judge for issuing of summons to the witnesses for leading their evidence in O.S.6230/2015 dated 08.11.2016 vide Annex-D.
This petition coming on for ‘Preliminary Hearing’ this day, the court made the following:
O R D E R This writ petition is preferred by defendant in O.S.No.6230/2015, calling in question order dated 08.11.2016 at Annexure-D, whereunder defendant’s evidence came to be closed and matter has been posted for arguments.
2. Memo has been filed by the learned counsel appearing for respondent on 04.01.2017 enclosing the judgment of trial court rendered in above said suit namely O.S.No.6230/2015. In that view of the matter, writ petition has became infructuous. Hence, writ petition stands dismissed as having become infructuous and petitioner would be at liberty to urge the grounds now raised in the writ petition in the appeal, if he so proposes to do.
SD/- JUDGE JS/MBM