IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF MARCH, 2016

BEFORE

THE HON'BLE MR.JUSTICE ARAVIND KUMAR

W.P.NO.44802/2014(GM-CPC)

BETWEEN:

SRI.DODDAPPA S/O VENKATASWAMY AGED ABOUT 49 YEARS R/O HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT ..PETITIONER

(BY SRI.K.B.ONKAR, ADVOCATE)

AND:

1.BHAGYAMMA D/O DODDAPPA AGED ABOUT 16 YEARS MINOR REPRESENTED BY NEXT FRIEND MOTHER SMT DODDA YELLAMMA RESIDENT OF HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

2.MASTER NAGENDRA S/O DODDAPPA

AGED ABOUT 5 YEARS MINOR REPRESENTED BY NEXT FRIEND MOTHER SMT DODDA YELLAMMA RESIDENT OF HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

3.VENKATESH S/O DODDAPPA AGED ABOUT 22 YEARS RESIDENT OF HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

4.NAGESH S/O DODDAPPA AGED ABOUT 18 YEARS RESIDENT OF HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

5.NAGALAXMI D/O DODDAPPA AGED ABOUT 24 YEARS RESIDENT OF HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

6.NAGARAJA S/O DODDAPPA AGED ABOUT 19 YEARS RESIDENT OF HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

7.NAGAMANI D/O DODDAPPA AGED ABOUT 20 YEARS RESIDENT OF HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

8.SRI.S.MANJUNATHA IYER S/O LATE SRI.B.R.SATHYANARAYANA IYER AGED ABOUT 50 YEARS R/O ANJANI EXTENSION CHINTAMANI TOWN 562 101 CHIKKABALLAPURA DISTRICT

9.SMT.R.SUNANDA W/O JAYARAM AGED ABOUT 54 YEARS R/O ANJANI EXTENSION CHINTAMANI TOWN 562 101 CHIKKABALLAPURA DISTRICT

10.SRI.BEERAPPA @ C.BEERE GOWDA S/O CHANNARAYAPPA AGED ABOUT 56 YEARS R/O KOLLUR ROAD WESTERN SIDE VENKATESHWARA EXTENSION SRINIVASAPURA TOWN 562 101

CHIKKABALLAPURA DISTRICT

11.SMT.RAMAKKA W/O VENKATASWAMY AGED ABOUT 72 YEARS R/O HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE KASABA HOBLI CHINTAMANI TALUK 562 101 CHIKKABALLAPURA DISTRICT

12. SMT.DODDA YELLAMMA W/O DODAPPA MAJOR R/O: HANDIJOGIGADDA MAJRA BOORAGAKAMAKALAHALLI VILLAGE, KASABA HOBLI, CHINTAMANI TALUK -562101 CHIKKABALLAPURA DISTRICT ..RESPONDENTS

(BY SRI.KALYAN R., ADVOCATE FOR R-9 & R-10, R-8, 11 & 12 ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO:

SET ASIDE THE IMPUGNED ORDER PASSED BY THE ADDITIONAL JR. CIVIL JUDGE & JMFC, AT CHINTAMANI IN IA.NO.23 IN O.S.NO.10/2008 ON 21.08.2014, DISMISSING THE APPLICATION FILED BY THE PETITIONER HEREIN FOR CLUBBING OF O.S.NO.10/08, WITH O.S.NO.316/2013, AS PER ANNEXURE-A.

DIRECT THE ADDITIONAL JR.CIVIL JUDGE & JMFC, AT CHINTAMANI TO CLUB O.S.NO.10/2008, WITH O.S.NO.316/2013 AS PRYAED FOR IN I.A.NO.23 IN O.S.NO.10/2008, FILED BY THE PETITIONER HEREIN.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel for respondents 9 and 10 submits that present writ petition is filed challenging the order of rejection of application filed for clubbing of suits O.S.10/2008 and O.S.316/2013 vide order dated 21.08.2014. He also submits that O.S.316/2013 in which suit application was filed, itself has been dismissed. Memo is filed to the said effect. In that view of the matter writ petition is dismissed as having become infructuous.

SD/- JUDGE

SBN