Sidduba S/O Dondiba Yadav vs Lilavati & Ors on 23 November, 2017

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Karnataka High Court

Sidduba S/O Dondiba Yadav vs Lilavati & Ors on 23 November, 2017

Bench: G. Narendar

                            1




          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 23RD DAY OF NOVEMBER, 2017

                        BEFORE

       THE HON'BLE MR. JUSTICE G. NARENDAR


        WRIT PETITION NO.207604/2017 (GM-CPC)

BETWEEN:

Sidduba S/o Dondiba Yadav
Age:59 Years, Occ: Agriculture,
R/o Garden Land House,
Jod gudda, Somadevara Hatti,
Tq: Dist: Vijayapura-586102
                                         ... Petitioner

(By Sri. Bapugouda Siddappa, Advocate)

AND:

1.    Lilavati W/o Vilas Yadav,
      Age: 59 Years,
      Occ: Household Work,
      R/o: C/o K.M.Barasgavi, Tikota
      Tq: Dist: Vijayapura-586103

2.    Sunanda D/o Vilas Yadav
      Age: 31 Years,
      Occ: Household Work,
      R/o C/o K.M.Barasgavi, Tikota
      Tq: Dist: Vijayapura-586103
                              2




3.   Kalingray S/o Vilas Yadavi
     Age: 29 Years,
     Occ: Private Service,
     R/o C/o K.M.Barasgavi, Tikota
     Tq: Dist: Vijayapura-586103

4.   Nivrutti S/o Dondiba Yadav
     Age: 42 Years,
     Occ: Service, R/o: Opp: Police Station,
     Devarhipparagi,
     Tq: Sindagi,
     Tq: Dist: Vijayapura-586128

     Dondiba S/o Suban @ Subhas Yadav,
     Since Deceased by his LRs'

5.   Sukkubai W/o Dondiba Yadav
     Age: 89 Years, Occ: Household Work,
     R/o: Honwad, Tq & Dist: Vijaypur-586102

6.   Gangabai W/o Krishnaji Barasgavi
     Age: 69 Years, Occ:Household Work,
     R/o:Tikota, Tq: Dist: Vijaypura-586103

7.   Indrabai W/o Aganna Barasgavi
     Age: 60 Years, Occ: Household Work,
     R/o Honwad, Tq & Dist: Vijaypur-586102

8.   Bhagirati W/o Babasaheb Shinde
     Age: 57 Years, Occ:Household Work,
     R/o: Kannolli, Tq: Jamakhandi,
     Dist: Bagalkot-587101

9.   Maruti S/o Dondiba Yadav
     Age: 89 Years, Occ: Agriculture,
     R/o Honwad,
     Tq & Dist: Vijayapura-586102
                               3




10.   Sarojini W/o Tanaji Pawar
      Age: 49 Years, Occ: Service,
      R/O Government Primary School Teacher,
      Badardinni, Tq: Bilagi, Dist: Bagalkot-587102

11.   Savitri W/o Laxman Chavan
      Age: 47 Years, Occ: Household Work,
      R/o Ashram Colony, BLDE Road,
      Vijayapura-586101

                                               ... Respondents

(By Sri. Ashok S. Kinagi, Advocate for R-1 to 4
 Sri Ajaykumar A.K., Advocate for R-6 to 8)

      This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to issue a writ of certiorari
Quashing Annexure-J order dated 31.03.2017 passed in
FDP No.31/2010 pending on the file of the Court of III
Additional Civil Judge (Sr.Dn.) And JMFC Vijaypur At
Vijaypur.

     This petition coming on for orders this day, the Court
made the following:


                           ORDER

Learned counsel for the respondents submit that the final decree has already been signed on 15.06.2017 and notified on 14.06.2017 and the writ petition has been filed thereafter on 23.10.2017. It is submitted that 4 the petition does not survive for consideration for further consideration.

2. The copy of the final decree is also placed before the Court.

3. Learned counsel for the petitioner submits that he was unaware about the passing of the final decree at the time of filing of the writ petition and he would submit that the submission of the learned counsel for the respondent Nos.1 to 4 is correct.

In view of the above, the writ petition does not survive for consideration. Accordingly, writ petition is dismissed as having become infructuous.

Office to return the original documents after obtaining attested copies of the same.

Sd/-

JUDGE BL

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