Karnataka High Court
Mohammed Saifulla vs Sri Sharifulla on 16 June, 2023
Bench: Ravi V Hosmani
-1-
NC: 2023:KHC:20934
WP No. 18431 of 2018
C/W WP No. 18432 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO.18431 OF 2018 (GM-CPC)
C/W
WRIT PETITION NO.18432 OF 2018 (GM-CPC)
IN WP.NO.18431/2018:
BETWEEN:
1. MOHAMMED SAIFULLA,
S/O LATE ABDULA BASHIR,
AGED ABOUT 46 YEARS,
2. ASIFULLA,
S/O LATE ABDUL BHASEER,
AGED ABOUT 39 YEARS,
3. VASIVULLA
S/O LATE ABDUL NABEE,
AGED ABOUT 36 YEARS,
ALL ARE R/AT
ARALIHALLI VILLAGE,
BHADRAVATHI TALUK,
SHIMOGA DISTRICT - 577 233.
Digitally signed by
GURURAJ D ...PETITIONERS
Location: High Court (BY SRI. S.V. SHASTRI, ADVOCATE)
of Karnataka
AND:
1. SRI. SHARIFULLA,
S/O P. KANJI MOHAMMED,
AGED ABOUT 40 YEARS,
R/AT ARIRAHALLI VILLAGE,
KUDLIGERE HOBLI,
BHADRAVATHI TALUK,
SHIMOGA DISTRICT - 577 233.
...RESPONDENT
(BY SRI. S.V. PRAKASH, ADVOCATE)
-2-
NC: 2023:KHC:20934
WP No. 18431 of 2018
C/W WP No. 18432 of 2018
THIS W.P. IS FILED PRAYING TO-QUASH THE ORDER
PASSED BY THE LOWER APPELLANT COURT IN M.A.NO.20/2017
DATED 03.02.2018 ON THE FILE OF PRINCIPAL SENIOR CIVIL
JUDGE AND JMFC, BHADRAVATHI AND ANNX-E AND ORDER
DATED 22.02.2017 PASSED ON I.A.NO.2 IN O.S.NO.455/2014
ON THE FILE OF III ADDL. CIVIL JUDGE, BHADRAVATHI VIDE
ANNX-D. AND ETC.,
IN WP.NO.18432/2018:
BETWEEN:
1. MOHAMMED SAIFULLA,
S/O LATE ABDULA BASHIR,
AGED ABOUT 47 YEARS,
2. ASIFULLA,
S/O LATE ABDUL BHASEER,
AGED ABOUT 39 YEARS,
3. VASIVULLA
S/O LATE ABDUL NABEE,
AGED ABOUT 36 YEARS,
ALL ARE R/AT
ARALIHALLI VILLAGE,
BHADRAVATHI TALUK,
SHIMOGA DISTRICT - 577 233.
...PETITIONERS
(BY SRI. S.V. SHASTRI AND SRI. RAVINDRANATH K, ADVOCATE)
AND:
1. SRI. M.C. SHANTHA KUMAR,
S/O CHANNABASAIAH,
AGED ABOUT 52 YEARS,
R/AT ARIRAHALLI,
KUDLIGERE HOBLI,
BHADRAVATHI TALUK,
SHIMOGA DISTRICT - 577 233.
...RESPONDENT
(BY SRI. S.V. PRAKASH, ADVOCATE)
THIS W.P. IS FILED PRAYING TO-QUASH THE ORDER
PASSED BY THE LOWER APPELLANT COURT IN M.A.NO.21/2017
DATED 03.02.2018 ON THE FILE OF PRINCIPAL SENIOR CIVIL
-3-
NC: 2023:KHC:20934
WP No. 18431 of 2018
C/W WP No. 18432 of 2018
JUDGE AND JMFC, BHADRAVATHI AND ANNX-E AND ORDER
DATED 22.02.2017 PASSED ON I.A.NO.2 IN O.S.NO.453/2014
ON THE FILE OF III ADDL. CIVIL JUDGE, BHADRAVATHI VIDE
ANNX-D. AND ETC.,
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
These writ petitions are filed by defendants/petitioners
challenging orders dated 03.02.2018 (Annexure-E) passed by
Principal Senior Civil Judge and JMFC, Bhadravathi in
M.A.no.20/2017 and M.A.no.21/2017 and orders dated
22.02.2017 (Annexure-D) passed on I.A.no.2 in
O.S.no.455/2014 and O.S.no.453/2014 respectively on file of
III Additional Civil Judge and JMFC, Bhadravathi.
2. During pendency of writ petitions, it is seen from
case status that O.S.no.455/2014 and O.S.no.453/2014 were
dismissed by judgment dated 01.10.2022. In view of dismissal
of suit, writ petitions would not survive for consideration.
Accordingly, writ petitions are dismissed, reserving liberty to
parties to putforth their contentions, in case of appeal is filed.
Sd/-
JUDGE
GRD
