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2025 DAILYLAW 51306 (KAR)

MAHAMMED JAVID MALIK v. N JAYALAKSHMI @ SUJA NITTUR @ VIJAYALAKSHMI

WP/18691/2024 · 2025-02-17

R Nataraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:7032 WP No. 18691 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 18691 OF 2024 (GM-CPC) BETWEEN: MAHAMMED JAVID MALIK S/O LATE MAHAMMED JAFFAR, AGED ABOUT 54 YEARS, R/AT NEAR BHARATH FLOOR WILL, VINOBHA ROAD, EXTENSION, SAKALESHPURA TOWN, HASAN DISTRICT-573134. …PETITIONER (BY KUM. USHA RANI P., ADVOCATE FOR SRI. KALYAN R., ADVOCATE) AND: 1. N. JAYALAKSHMI @ SUJA NITTUR @ VIJAYALAKSHMI D/O LATE N. JAYASHANKAR, AGED ABOUT 39 YEARS, R/AT NO.415, 6TH MAIN ROAD, 1ST CROSS ROAD, SADANANDA NAGARA, BANGALORE-560038. 2. S.K. SHARADAMMA W/O LATE N. JAYASHANKAR, AGED ABOUT 74 YEARS, R/AT NO.211, 4TH 'B' CROSS, KASTHURI NAGAR, B. CHANNASANDRA, BANGALORE-560043. 3. N. SRILAKSHMI D/O LATE N. JAYASHANKAR, AGED ABOUT 36 YEARS, R/AT NO.415, 1ST CROSS ROAD, SADANANDA NAGAR, BANGALORE-560038. …RESPONDENTS Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:7032 WP No. 18691 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.06.2024 ON IA NO.4 FILED UNDER ORDER 16 RULE 1 AND 2 OF CPC IN OS NO.3/2020 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT SAKALESHPURA, AS PER ANNEXURE-A TO THE WRIT PETITION AND CONSEQUENTLY TO DISMISS THE APPLICATION FILED BY THE DEFENDANTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER Miss. Usha Rani P, learned counsel representing Mr. R. Kalyan, learned counsel for the petitioner submits that the writ petition has become infructuous since the suit from which this petition arises, is posted for orders on 20.02.2025. 2. In view of the aforesaid submission, this writ petition is dismissed as having become infructuous. However, the contentions urged in this petition is kept open and petitioner is reserved with liberty to question the impugned order in an appeal that may be filed against the judgment in the suit. Sd/- (R. NATARAJ) JUDGE PMR