IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF FEBRUARY, 2019

BEFORE:

THE HON'BLE MRS. JUSTICE S.SUJATHA

WRIT PETITION Nos.48641-48642 OF 2017 (GM – CPC)

BETWEEN:

H K ASHWATH RAO S/O. D R KRISHNOJI RAO, AGED ABOUT 71 YEARS R/O. SREE KESHAVA NIVASA, CHANNAGIRI ROAD, OLD TOWN, BHADRAVATHI, PINCODE 577 301.

... PETITIONER

[BY SRI R GOPALA, ADV.]

AND:

M R SHIVARAM MODALIAR DEAD BY LRS:

• 1. SMT. LAKSHMI BAI W/O LAE. SHIVARAM MODALIAR, AGED 69 YEARS,
• 2. PADMANABHAN S/O LATE. SHIVARAM MODALIAR, AGE 52 YEARS,
• 3. KARUNAKARAN S/O LATE. SHIVARAM MODALIAR, AGED 50 YEARS,

4. NANDA KUMAR S/O LAE. SHIVARAM MODALIAR, AGED 46 YEARS,

R1 TO R4 ARE R/O. KESHAVA NILAYA, C N ROAD, OLD TOWN, BHADRAVATHI, PIN 577 301

5. PARVATHI D/O LAE. SHIVARAM MODALIAR, AGED MAJOR,(CORRECT AGE NOT KNOWN) R/O. KESHAVA NILAYA, C N ROAD, OLD TOWN, BHADRAVATHI - 577 301

…RESPONDENTS

[R-1, 2, 3 & 5 ARE SERVED AND UNREPRESENTED]

THESE WRIT PETITIONS IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMON ORDERS DATED 6.10.2017 PASSED BY THE COURT OF II ADDL. CIVIL JUDGE AND JMFC AT BHADRAVATHI ON I.A.18 AND I.A.19 IN O.S.132/2003 AT ANNEX-A AND CONSEQUENTLY ALLOW AND GRANT THE RELIEFS PRAYED FOR IN I.A. NOS. 18 AND 19 AND ETC.

THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

These writ petitions are filed against the order dated 06.10.2017 on I.A.Nos.18 and 19 in O.S.No.132/2003 on the file of the II Additional Civil Judge and JMFC, Bhadravathi ['Trial Court' for short].

2. It is discerned that the said O.S.No.132/2003 has been disposed of by the Trial Court and hence, writ petitions do not survive for consideration.

In view of the aforesaid, writ petitions stand dismissed as having rendered infructuous.

Sd/- JUDGE

PMR