Writ petition challenging an order on an amendment application in O.S.No.94/2013 was disposed of after counsel for the second respondent submitted that the underlying suit had been settled in Lok Adalath, rendering the petition infructuous.
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NC: 2024:KHC:34270 WP No. 17929 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 17929 OF 2021 (GM-CPC)
BETWEEN:
MALLIKARJUNA SON OF LATE MARIYAPPA @ MARIYYA, AGED ABOUT 58 YEARS, RESIDING AT HITANA HEBBAGILLU VILLAGE, RAVANDUR HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT, PIN CODE 571108.
…PETITIONER
(BY SRI. SIDDAMALLAPPA P M.,ADVOCATE)
AND:
WIFE OF LATE MARIYAPPA @ MAIRYAYYA, AGED ABOUT 78 YEARS, Digitally signed RESIDING AT KANANOOR VILLAGE, by JUANITA HARANAHALLI HOBLI, THEJESWINI PERIYAPATNA TALUK, Location: HIGH COURT OF MYSORE DISTRICT, KARNATAKA PIN CODE 571108.
SON OF LATE MARIYAPAP @ MARIYAYYA, AGED ABOUT 52 YEARS, RESIDING AT KANANOOR VILLAGE, HARANAHALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT, PIN CODE 571108.
…RESPONDENTS
(BY SRI.SUNEEL S NARAYAN & RAMU V., ADVOCATE FOR R2; VIDE ORDER DATED SERVICE OF NOTICE TO R1 & R3 TO R5 STANDS WAIVED; R6 SERVED UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.09.2021 PASSED IN O.S.NO.94/2013 ON I.A. NO.7 BY THE CIVIL JUDGE AND JMFC, PERIYAPATNA, AS PER ANNX-E AND THEREBY ORDER TO ALLOW IA NO.7 FILED UNDER ORDER 6 RULE 17 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE CODE, BY THE PETITIONER AS PER ANNX-C BY ALLOWING THE ABOVE WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel for the 2nd respondent submits that
the original suit from out of which the present writ petition
arises viz., O.S.No.94/2013 has been settled in Lok Adalath on 13.07.2024 and therefore, the prayer made in
the petition has become infructuous .
respondent is placed on record.
Sd/(R DEVDAS) JUDGE
DL CT:S
Mallikarjuna
Smt. Mallamma
Sri Mallesha
Sri Shiva
Smt Parvathi
Smt Mahadevi
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
