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Sri T K Venkateshmurthy vs. Sri T H Thimmaiah

Final Order
Court:High Court of Karnataka, Bengaluru
Judge:Hon'ble Ashok B Hinchigeri
Case Status:Disposed
Order Date:11 Aug 2016
CNR:KAHC010345082014

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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:

    1. Sri T.H. Thimmaiah, S/o late Hanumantharayappa, Aged about 60 years.
    1. Sri T.H. Pandurangaiah, S/o late Hanumantharayappa, Aged about 58 years.
    1. Sri Jayanna @ Jayaram, S/o late Hanumantharayappa, Aged about 56 years.
    1. Smt. Sundaramma, W/o Venkateshmurthy, Aged about 65 years.
    1. Sri T.H. Venkateshmurthy, S/o Hanumantharayappa, Aged about 69 years.
    1. Sri T.S. Bheemarayappa, S/o Sanjeevarayappa, Aged about 75 years.
    1. 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.

  1. 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.

  2. Sri V.B. Siddaramaiah, the learned counsel for the petitioner submits that he has no instructions on dismissal of O.S.No.129/2010.

  3. 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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