Karnataka High Court
K Venkatanarayana Sharma vs K Nagarathna on 19 August, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:33159
WP No. 9567 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 9567 OF 2020 (GM-CPC)
BETWEEN:
K. VENKATANARAYANA SHARMA
SON OF LATE. K.V.KRISHNAN,
AGED ABOUT 68 YEARS,
R/AT, GROUND FLOOR,
NEW NO.30 (OLD NO.13),
GUPTA LAYOUT, 1ST CROSS, ULSOOR,
BANGALORE - 560 008.
REPRESENTED BY POWER OF ATTORNEY,
HOLDER MRS. T.S.KOUSALYA.
...PETITIONER
(BY SRI. SUNDARA RAMAN M. V., ADVOCATE)
AND:
1. K. NAGARATHNA
Digitally signed WIFE OF LATE. K.R.SUBRAMANYAM,
by JUANITA AGED ABOUT 70 YEARS,
THEJESWINI
R/AT, HOUSE NO.1186, 9TH BLOCK,
Location: HIGH
COURT OF JAYANAGAR, 26TH MAIN,
KARNATAKA BANGALORE - 560 011.
2. K. PREMA
WIFE OF LATE. A.VENKATESH,
AGED ABOUT 66 YEARS,
R/AT NO.42/1,
EAST ANJANEYA TEMPLE STREET,
BASAVANAGUDI,
BANGALORE - 560 004.
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NC: 2024:KHC:33159
WP No. 9567 of 2020
3. K. BHANUMATI
WIFE OF R.KAILASAM,
AGED ABOUT 64 YEARS,
R/AT NO.171, ITTINA APARTMENT,
ELECTRONIC CITY,
BANGALORE - 560 100.
4. K.RAJESHWARI
WIFE OF S.KUMAR,
AGED ABOUT 60 YEARS,
R/AT FIRST FLOOR (FRONT PORTION),
NEW NO.30, (OLD NO.13), GUPTA LAYOUT,
1ST CROSS, ULSOOR,
BANGALORE - 560 008.
5. K.SANTOSH
SON OF S.KUMAR,
AGED ABOUT 35 YEARS,
R/AT FIRST FLOOR (FRONT PORTION),
NEW NO.30 (OLD NO.13), GUPTA LAYOUT,
1ST CROSS, ULSOOR,
BANGALORE - 560 008.
...RESPONDENTS
(BY SRI. VIVEK HOLLA, ADVOCATE FOR R4 AND R5;
R1 AND R2 SERVED - UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE
ORDER DATED 26.06.2020 PASSED BY THE LXXIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT,
BANGALORE (CCH-74) IN O.S.NO.25726 OF 2012 (ANNEXURE-
A) ON THE INTERLOCUTORY APPLICATION (UNNUMBERED)
DATED 27.02.2019 FILED BY THE R-4 AND 5 UNDER ORDER
XVI RULE 6 R/W SECTION 151 OF THE CODE OF CIVIL
PROCEDURE, 1908 DIRECTING THE PLAINTIFF TO PRODUCE
ALLEGED ORIGINAL WILL DATED 20.05.2002 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:33159
WP No. 9567 of 2020
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned Counsel for the petitioner submits that the original suit from out of which the present writ petition arises viz., O.S.No.25726/2012 has been disposed of on 06.07.2023 and therefore, the prayer made in the petition has become infructuous. Learned Counsel would therefore submit that the writ petition may be permitted to be withdrawn.
2. The submission of the learned Counsel for the petitioner is placed on record.
3. Accordingly, the writ petition stands dismissed as withdrawn, since the prayer made in the writ petition has become infructuous.
Sd/-
(R DEVDAS) JUDGE JT/-
CT:PH