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Karnataka High Court

Sri Muniraju K vs Sri Krishnappa on 5 October, 2015

Author: A.N.Venugopala Gowda

Bench: A.N. Venugopala Gowda

                           1



      IN THE HIGH COURT OF KARNATAKA AT
                   BENGALURU

    DATED THIS THE 05TH DAY OF OCTOBER 2015

                      BEFORE

 HON' BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

     WRIT PETITION NO.47297 OF 2013 (GM-CPC)
                 CONNECTED WITH
            M.F.A. NO.8149 OF 2013 (CPC)
IN WP NO. 47297 OF 2013:

BETWEEN:

1. SRI MUNIRAJU K
S/O SRI KRISHNAPPA
AGED 33 YEARS
R/O BILEKAHALLI,
DEVARACHIKKAHALLI MAIN ROAD
OPP SRINIVASA KALYANA MANTAPA
KANARAM BUILDING,
BANNERGHATTA ROAD
BANGALORE-560076

2. SMT JAYALAKSHMI
W/O JAYACHANDRA
D/O SRI KRISHNAPPA
AGED ABOUT 31 YEARS
R/O # 7, 17TH MAIN, HAL II STAGE,
KODAHALLI,
BANGALORE-560008.                 ... PETITIONERS.


(By Sri. K S MANJUNATH, ADVOCATE)
                            2



AND:

1. SRI KRISHNAPPA
S/O LATE SRI E MUNIYAPPA
AGED ABOUT 55 YAERS
R/O # 262/4, BILEKAHALLI
VIJAYA BANK COLONY
BANGALORE-560076

2. SRI MANJUNATH
S/O SRI KRISHNAPPA
AGED 29 YEARS
R/O # 262/4, BILEKAHALLI
VIJAYA BANK COLONY
BANGALORE-560076

3. SMT JAYALAKSHMI
W/O SRI RAJU
AGED 35 YEARS
R/O BILEKAHALLI VILLAGE
BANNERGHATTA ROAD
BANGALORE-560076

4. MR SELVAM K
S/O SRI KUPPASWAMY
AGED 33 YEARS
R/O 15/1, RAMANASHRI LAYOUT
1ST CROSS, NEXT TO SHANTHINIKETAN SCHOOL
BILEKAHALLI,
BANNERGHATTA RAOD
BANGALORE-560076

5. SREE THYAGARAJA CO-OP BANK LTD
SRINIVASANAGAR, BSK 1ST STAGE,
BANGALORE-560050
REPRESENTED BY ITS BRANCH MANAGER
NAME NOT KNOWN TO THE PLAINTIFF

                               ... RESPONDENTS.
                          3



(By Sri. M.S. VARADARAJAN &
SRI. SANTOSH, ADVOCATE FOR RESPONDENT NO.4,
NOTICE TO R1 TO R3 AND R5 DISPENSED WITH)


    THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND  OF THE CONSTITUTION OF INDIA,
PRAYING TO QUASH THE ORDER DATED 12.9.2013
PASSED ON I.A. NO.4 IN O.S. NO.6382/12 ON THE FILE
OF THE X ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE VIDE ANN-A

MFA NO 8149 OF 2013

BETWEEN

1. SRI. MUNIRAJU K.
AGED 33 YEARS,
S/O SRI KRISHNAPPA,
R/O BILEKAHALLI,
DEVARACHIKKAHALLI MAIN ROAD,
OPP: SRINIVASA KALYANA MANTAPA,
KANARAM BUILDING,
BANNERAGHATTA ROAD,
BANGALORE-560 076.

2. SMT. JAYALAKSHMI
AGED 31 YEARS,
W/O JAYACHANDRA,
D/O. SHRI KRISHNAPPA,
R/O # 7, 17TH MAIN, HAL II STAGE,
KODAHALLI,
BANGALORE-560 008.                  ... APPELLANTS.

(By Sri. MANJUNATH K S, ADVOCATE)

AND:

MR. SELVAM K.
AGED 33 YEARS,
                                4



S/O SRI KUPPASWAMY,
R/O 15/1, RAMANASHRI LAYOUT,
1ST CROSS, NEXT TO SHANTHINIKETAN SCHOOL,
BILEKAHALLI,
BANNERGHATTA ROAD,
BANGALORE-560 076.              ... RESPONDENT.

(By Sri. M S VARADARAJAN, ADVOCATE)


     THIS MFA IS FILED U/O 43, RULE 1(r) OF CPC,
AGAINST THE ORDER DATED:12.9.2013 PASSED ON IA
NO.1 IN O.S.NO.6382/2012 ON THE FILE OF THE 10TH
ADDITIONAL CITY CIVIL & SESSIONS JUDGE,
BANGALORE, REJECTING IA NO.1 FILED U/O 39,
RULES 1 & 2 OF CPC.

    THIS W.P. AND M.F.A. COMING ON FOR
PRELIMINARY HEARING IN "B" GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:-

                          ORDER

There is no appearance for the petitioners / appellants. Learned Advocate for Respondent No.4 in the writ petition, who is also appearing for the respondent in the M.F.A., submitted that the writ petition and also the M.F.A., do not survive for consideration, in view of the disposal of the suit by the Trial Judge.

2. Recording the submission of the Learned Advocate, the writ petition and also the M.F.A. are disposed of accordingly.

Sd/-

JUDGE KS