SMT. SARITA GUPTA vs. BADAM BAI SETHIA

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF OCTOBER 2016

BEFORE

THE HON'BLE MR. JUSTICE B.VEERAPPA

WRIT PETITION No.26823 OF 2015(GM-CPC)

BETWEEN :

W/o.Uttam Gupta,

Aged about 31 years,

R/at No.22/1, 1 Floor,.

7th Main, 4th Cross,

Srirampuram,

Bangalore – 21.

W/o.Mamal Kishore Mutha,

Aged about 26 years,

R/o.Bhagwan Mahaveer

Jewellary, Ambur, Vellore

District, Tamil Nadu.

Since the second plaintiff is deceased, LRs. Of second plaintiff are brought on Record by guardian appointed by the Court the 1st plaintiff Smt.Sarita Gupta LR by 2nd plaintiff.

2(a) Master Divish,

Aged about 12 years,

S/o.Mr.Kamal Kishore Mutha.

2(b) Miss Dakshina,

Aged about 11 years,

D/o.Mr.Kamal Kishore Mutha.

2 Both LRs. Plaintiffs address is C/o.Sudarshan Mutha, No.2, Durgam Madearsa Street Ambur N.A.District Tamilnadu. And C/o.the guardian Represented by the court Guardian Smt.Sarita Gupta.

... Petitioners

(By Sri A.S.Gupta, Advocate)

AND:

W/o.Late Hirachandji Sethia,

R/o.No.193/1 mudaliar compound,

11 main, Chamarajpet,

Bangalore – 18.

W/o.Late Uttamchadji Sethia,

Aged about 47 years.

S/o.Uttamchandji Sethia,

Aged about 30 years.

D/o.Uttamchandji Sethia,

Aged about 24 years.

D/o.Uttamchandji Sethia,

Aged about 22 years.

D/o.Uttamchandji Sethia,

Aged about 20 years.

Nos. 2 to 6 are residents of

No.191/1 A.R.Compound Next to Syndicate Bank,

3 11nd Main Mysore Road, Chamarajpet, Bangalore – 18.

S/o.Late Sri N.Anjaneya Setty,

Aged about 58 years,

Residing at No.840/D,

‘E’ Main R.P.Road,

Girinagar 2nd Phase,

Bangalore – 560 085.

S/o.Late Sri K.Subba Rao,

Aged about 40 years,

Residing at NO.287/4 38th Cross,

8th Block, Jayangar,

Bangalore - 560 011. …Respondents

(By Sri Paras Jain, Advocate for R2: Sri K.V.Shyamna Prasada, Advocate for R7 and R8: R3, R4, R5 and R6 served)

This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order passed on I.A.No.31 filed under Order 16 Rule 6 read wit Section 151 of Civil Procedure Code on 13.3.2015 on the file of XXXVII Additional City Civil Judge, Bengaluru in O.S.No.5936/2002 and to allow the I.A.No.31 in O.S.No.5936/20102 vide Annexure-F on the file of XXVII Addl. City Civil Judge, Bengaluru and consequently pass an order of mandamus in form A command directing the Income Tax Department authorities to furnish certified copies of Annexure-A to the petitioner on payment of cost within a reasonable time, etc.

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

4 O R D E R

Learned counsel for the respondent No.2 files a memo stating that the impugned order passed by the Trial Court is against the interim application and the main suit itself was dismissed on merits on 06.10.2016. Therefore, the relief sought in the present writ petition does not survive for consideration.

Sd/- JUDGE

Cm/-