Gowramma vs Thayamma
2022 Latest Caselaw 123 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF JANUARY 2022

                       BEFORE

       THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

  WRIT PETITION NO.12861 OF 2017 (GM-CPC)

BETWEEN:

GOWRAMMA
W/O. HANUMANTHAPPA,
AGED ABOUT 58 YEARS,
R/O. GIC-3/B, JANNAPURA,
BHADRAVATHI - 577245,
SHIVAMOGGA DISTRICT
                                       ...PETITIONER
(BY SMT. S K NAGARATHNA, ADVOCATE)

AND:

1.     THAYAMMA
       W/O. LATE. THIPPA BHOVI,
       AGED ABOUT 75 YEARS,
       R/O. RAJAIV GANDHI EXTENSION,
       BEHIND NCC TRAINING CAMP,
       SHIVAMOGGA 577201

2.     CHINNAPPA
       S/O. THIPPA BHOVI,
       AGED ABOUT 76 YEARS,
       R/O. MILGHATTA, 1ST CROSS,
       NEAR CHAMUNDESHWARI DEVASTHANA
       SHIVAMOGGA - 577201
                          2




3.   CHOWDAPPA
     S/O. LATE. THIPPA BHOVI,
     AGED ABOUT 74 YEARS,
     R/O. 1ST CROSS, ANNANAGAR
     SHIVAMOGGA - 577201

4.   KRISHNAPPA
     S/O. LATE. THIPPA BHOVI,
     AGED ABOUT 72 YEARS,
     R/O. MILGHATTA, 1ST CROSS,
     SHIVAMOGGA - 577201

5.   RAMASWAMY
     S/O. LATE. THIPPA BHOVI,
     AGED ABOUT 69 YEARS,
     BEHIND GURUNATHA SAW MILL, MILGHATTA,
     SHIVAMOGGA - 577201

6.   P PRAKASH
     S/O. LATE. P. PEDDANNA,
     AGED ABOUT 35 YEARS,
     R/O. MILGHATTA, II CROSS,
     OPPOSITE TO DURGAMMA TEMPLE,
     SHIVAMOGGA - 577201

7.   PRASANNA
     S/O. LATE A. PEDDANNA,
     AGED ABOUT 34 YEARS,
     R/O. MILGHATTA, II CROSS,
     OPPOSITE TO DURGAMMA TEMPLE,
     SHIVAMOGGA - 577201

8.   PRADEEP
     S/O. LATE A. PEDDANNA,
     AGED ABOUT 31 YEARS,
     R/O. MILGHATTA, II CROSS,
     OPPOSITE TO DURGAMMA TEMPLE,
     SHIVAMOGGA - 577201
                              3




9.    RAMYA
      D/O. LATE A. PEDDANNA,
      AGED ABOUT 27 YEARS,
      R/O. MILGHATTA, II CROSS,
      OPPOSITE TO DURGAMMA TEMPLE,
      SHIVAMOGGA - 577201

10 . VEENA
     D/O. LATE A. PEDDANNA,
     AGED ABOUT 21 YEARS,
     R/O. MILGHATTA, II CROSS,
     OPPOSITE TO DURGAMMA TEMPLE,
     SHIVAMOGGA - 577201.
                                           ...RESPONDENTS

(BY SRI. S V PRAKASH, ADVOCATE FOR R2, R3 & R5)
    R1 AND R4 ARE SERVED
    R-6 TO R-10 NOTICE DISPENSED WITH VIDE ORDER
    DATED 21.06.2017)


      THIS WRIT PETITION IS FILED UNDER ARTICLES
226   AND   227     OF THE       CONSTITUTION   OF INDIA
PRAYING TO QUASH THE ORDER DATED 2.3.2017 PASSED
BY LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC,
SHIVAMOGGA     ON     IA   NO.16      IN   O.S.NO.25/2010
PRODUCED AT ANNEXURE-E AND THEREBY ALLOW THE IA
FILED BY THE PETITIONER UNDER SECTION 151 OF CPC
ORDER XXVI RULE 9 OF CPC IN O.S.NO.25/2010 ON THE
FILE OF LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC,
SHIVAMOGGA PRODUCED AS PER ANNEXURE-C.


      THIS WRIT PETITION COMING ON FOR HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
                                    4




                            ORDER

Learned counsel for the respondents submits

that this writ petition is arising out of the suit in

O.S.No.25/2010. He further submits that the suit

came to be disposed of by judgment dated

21.12.2018, and in view of the same, nothing survives

for consideration in this writ petition.

2. Said submission of learned counsel for the

respondents has not been disputed by learned counsel

for the petitioner.

3. In view of the above, nothing survives for

consideration in this writ petition. Accordingly, writ

petition is dismissed as having become infructuous.

SD/-

JUDGE

RD