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Karnataka High Court

Balagonda Ramangonda @ Ramagouda ... vs Shivagonda @ Shivagouda S/O. ... on 14 March, 2019

Author: G.Narendar

Bench: G.Narendar

                          -1-

        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

     DATED THIS THE 14TH DAY OF MARCH 2019

                       BEFORE

      THE HON'BLE MR. JUSTICE G.NARENDAR

     WRIT PETITION NO.102412/2015 (GM-CPC)
BETWEEN:

1.    SRI.BALAGONDA RAMANGONDA
      @ RAMAGOUDA PATIL,
      AGED ABOUT: 68 YEARS,
      OCC: AGRICULTURE,
      R/O: NEAR RAILWAY STATION,
      CHINCHALI, TQ: RAIBAG,
      DIST: BELAGAVI.

2.    KALAGONDA RAMAGONDA
      @ RAMAGOUDA PATIL,
      AGED ABOUT: 65 YEARS,
      OCC: AGRICULTURE,
      R/O: GHALI COLONY,
      GADAHINGLAJ
      DIST: KOLHAPUR, MAHARASTRA.

3.    APPASAB RAMAGONDA
      @ RAMAGOUDA PATIL
      AGED ABOUT 52 YEARS,
      OCC: AGRICULTURE,
      R/O. NEAR RAILWAY STATION,
      CHINCHALI, TQ: RAIBAG,
      DIST: BELAGAVI

4.    SRI.SADASHIV RAMAGONDA
      @ RAMAGOUDA PATIL
      AGED ABOUT 49 YEARS,
      OCC: AGRICULTURE,
      R/O. NEAR RAILWAY STATION,
      CHINCHALI, TQ: RAIBAG,
      DIST: BELAGAVI
                            -2-

5.     SRI.MALAGONDA RAMAGONDA
       @ RAMAGOUDA PATIL
       AGED ABOUT 45 YEARS,
       OCC: AGRICULTURE,
       R/O. GHALI COLONY,
       GADAHINGALAJ,
       DIST: KOLHAPUR,
       MAHARASTRA

6.     SRI. BASAGONDA RAMAGONDA
       @ RAMAGOUDA PATIL
       AGED ABOUT 41 YEARS,
       OCC: AGRICULTURE,
       R/O. NEAR RAILWAY STATION,
       CHINCHALI, TQ: RAIBAG,
       DIST: BELAGAVI
                                          ... PETITIONERS

(BY MS.BHAGYASHREE N. B. FOR SRI. RAMACHANDRA MALI,
ADVOCATE)


AND:

SHIVAGONDA @ SHIVAGOUDA
S/O. SHIVAMURTHY PATIL
AGED ABOUT 85 YEARS,
OCC: AGRICULTURE & BUSINESS,
R/O. SHIVALEELA KRUPA,
GADHINGALAJ, DIST: KOLHAPUR,
MAHARASTRA
                                          ... RESPONDENT
(BY SRI. VITHAL S TELI, ADVOCATE)
                             ---

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
 OF THE CONSTITUTION OF INDIA PRAYING TO:
I. CALL FOR THE RECORDS IN O.S.NO.191/2012 ON THE FILE
OF PRL.CIVIL JUDGE AND JMFC, RAIBAG AND QUASH THE
ORDER DTD.30.01.2015 MADE ON I.A.NO.7 IN O.S.NO.
191/2012 PASSED BY THE LEARNED PRL.CIVIL JUDGE AND
JMFC, RAIBAG PRODUCED AT ANNEXURE-D, AS THE SAME
BEING NOT SUSTAINABLE IN LAW AND,
II. DIRECT THE LEARNED PRL.CIVIL JUDGE AND JMFC, RAIBAG
TO EXPEDITE THE TRIAL OF THE SUIT AND DISPOSE OFF THE
SUIT IN O.S.NO.191/2012 ON ITS FILE IN ACCORDANCE WITH
LAW.
                           -3-


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                        ORDER

Learned counsel for the petitioners submits that the writ petition is rendered infructuous as the suit is disposed off as on 26.11.20115 itself.

Submission of the learned counsel is placed on record.

Petition is dismissed as having been rendered infructuous.

Sd/-

JUDGE gab