Sri T K Venkateshmurthy vs. Sri T H Thimmaiah
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Ashok B Hinchigeri
Listed On:
11 Aug 2016
Order Text
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST 2016
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION No.19257/2014 (GM-CPC)
BETWEEN:
Sri T.K. Venkateshmurthy, S/o late Krishnamurthy, Aged about 39 years, R/at Thubinakatte Village, Mayasandra Hobli – 572 221. Turuvekere Taluk, Tumkur District. …Petitioner
(By Sri V.B. Siddaramaiah, Advocate)
AND:
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- Sri T.H. Thimmaiah, S/o late Hanumantharayappa, Aged about 60 years.
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- Sri T.H. Pandurangaiah, S/o late Hanumantharayappa, Aged about 58 years.
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- Sri Jayanna @ Jayaram, S/o late Hanumantharayappa, Aged about 56 years.
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- Smt. Sundaramma, W/o Venkateshmurthy, Aged about 65 years.
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- Sri T.H. Venkateshmurthy, S/o Hanumantharayappa, Aged about 69 years.
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- Sri T.S. Bheemarayappa, S/o Sanjeevarayappa, Aged about 75 years.
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- Sri B.S. Hanumantharayappa, S/o Sanjeevarayappa, Aged about 68 years.
R-1 to R-7 are R/at Thubinakatte Village, Mayasandra Hobli – 572 221. Turuvekere Taluk, Tumkur District. … Respondents
(By Smt. Neeraja Karanth, Advocate for M/s. Lex Justicia for R-1 to R-5, R-6 and R-7 – Service held sufficient)
This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the order dated 29.3.2014 passed in O.S.No.88/09 passed by the learned Civil Judge (Jr. Dn.) and JMFC, Turuvekere vide Annexure-F, consequently allow the I.A. filed by the petitioner vide Annexure-E.
This writ petition coming on for preliminary hearing in 'B' group this day, the Court made the following:
O R D E R
The petitioner's grievance is over the Trial Court's order,
dated 29.3.2014 (Annexure-F) on I.A.No.21 refusing to club
O.S.No.86/2009 with O.S.No.129/2010.
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At the very outset Smt. Neeraja Karanth, the learned counsel appearing for the respondent Nos.1 to 5 submits that O.S.No.129/2010 is dismissed and that therefore nothing survives for any consideration in this petition.
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Sri V.B. Siddaramaiah, the learned counsel for the petitioner submits that he has no instructions on dismissal of O.S.No.129/2010.
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This petition is dismissed as having become infructuous reserving the liberty to the petitioner to revive this petition, if the petitioner finds that O.S.No.129/2010 is not dismissed.
Sd/- JUDGE
MD
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