Karnataka High Court
Smt Kempamma vs Smt Venkatamma on 17 September, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 17TH DAY OF SEPTEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.40490/2010(GM-CPC)
BETWEEN:
1. SMT KEMPAMMA
D/O LATE BYANNA
AGED ABOUT 72 YEARS
W/O MUNIVENKATAPPA
R/O KONGANAHALLI VILLAGE,
KAIVARA POST
CHINTAMANI TALUK
CHIKKABALLAPUR DISTRICT ... PETITIONER
(BY SRI M V CHANDRASHEKARA REDDY ADVOCATE)
AND:
1. SMT VENKATAMMA
W/O VENKATASWAMAPPA
AGED ABOUT 77 YEARS
R/O GOLLAHALLI VILLAGE
JALA HOBLI BANGALORE NORTH TALUK
2. SMT MUNIVENKATAMMA
W/O BYANNA
AGED ABOUT 73 YEARS
R/O SINGANAHALLI VILLAGE
JALA HOBLI BANGALORE NORTH TALUK
3. SRI BYANNA
S/O MUNISWAMAPPA
AGED ABOUT 79 YEARS
2
R/O SINGANAHALLI VILLAGE
JALA HOBLI
BANGALORE NORTH TALUK ... RESPONDENTS
(BY SRI. J C KUMAR ADVOCATE)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER
TO QUASH THE ORDER DTD 5.7.10 PASSED BY THE PRL.
CIVIL JUDGE AND JMFC, DEVANAHALLI, ON I.A.NO.4,
FILED UNDER SECTION 151 OF THE CODE OF CIVIL
PROCEDURE IN O.S.NO.27/10 AS PER ANNEXURE-N BY
DECLARING THE SAME AS OPPOSED TO LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING B GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
This Writ Petition has been filed seeking to quash the order passed by the trial Court on I.A.IV. It is submitted by the learned Counsel for the petitioner that the suit has now been dismissed for non-prosecution and that no application to restore it has been filed as on date. However, he pleads that he would make a necessary application to recall the order dismissing the suit for non-prosecution shortly. Under the present 3 circumstances, the Writ Petition would have to be dismissed as having become infructuous. However, liberty is granted to the petitioner to restore this Writ Petition, if and when the suit is restored to file. Writ Petition disposed off accordingly.
SD/-
JUDGE sh