Neelakantayya vs Gundayya And Ors
2022 Latest Caselaw 9279 Kant

                             1           W.P.No.200592/2018


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 21ST DAY OF JUNE, 2022

                         BEFORE

     THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

     WRIT PETITION No.200592/2018 (GM-CPC)

BETWEEN:


Neelakantayya S/o Gurushntayya,
Age: 69 Years,
Occ: Retired Govt. Servant & Agriculture,
R/o. H.No.8-1-183 NGO Colony,
Raichur, Dist. Raichur.
                                                ... Petitioner

(By Sri. Mahantesh Patil, Advocate)

AND:

1.     Gundayya S/o Gurushantayya,
       Age: 61 Years, Occ: Agriculture,

2.     Hampamma W/o Amarayya,
       Age: 65 Years, Occ: Agriculture
       & Household,

3.     Gurushantayya S/o Amarayya,
       Age: 45 Years, Occ: Agriculture,
                             2          W.P.No.200592/2018


     All R/o Mudgal, Tq. Lingasugur,
     Dist: Raichur-584101.
                                           ... Respondents

(By Sri. S.G.Math, Advocate for R2 & R3;
Notice to R1 is held sufficient)

       This Writ Petition is filed under Articles 226 & 227
of the Constitution of India praying to set aside the
order dated 02.12.2017 passed by the learned Senior
Civil Judge and JMFC Lingasugur, in O.S.No.109/2013,
vide Annexure-G and Dismiss I.A.No.IX filed by the
respondents and etc.

     This petition coming on for Orders this day, the
Court made the following:


                      ORDER

The learned Presiding Officer of Senior Civil Judge,

Lingsugur Court has forwarded the case status of

O.S.No.109/2013, which would go to show that the said

suit has already been disposed of on 01.12.2018.

Under the circumstances, this writ petition, which

has been filed challenging the order dated 02.12.2017

passed on I.A.IX in O.S.No.109/2013 will not survive for

consideration. Accordingly, the writ petition is dismissed

with liberty to raise all contentions urged in this petition

in the appeal proceedings in the event of petitioner

prefers any appeal as against the judgment and decree

passed in O.S.No.109/2013.

Sd/-

JUDGE

Srt CT-SMP