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IN THE HIGH COURT OF BENCH

DATED THIS THE 24 TH DAY OF JANUARY, 2019

BEFORE

THE HON’BLE MRS. JUSTICE B.V. NAGARATHNA

WRIT PETITION No.108154 OF 2015 (GM-CPC)

BETWEEN:

1. SRI NINGANAGOUDA S/O. VEERANAGOUDA PATIL AGE: 70 YEARS OCC: AGRICULTURIST R/O. HAROBELAVADI TQ: & DIST: DHARWAD

2. HIREGOUDA S/O. VEERANAGOUDA PATIL AGE: 68 YEARS, OCC: AGRICULTURIST R/O. HAROBELAVADI, TQ: & DIST: DHARWAD

3. TAMMANAGOUDA S/O. VEERANAGOUDA PATIL AGE: 66 YEARS, OCC: AGRICULTURIST R/O. HAROBELAVADI, TQ: & DIST: DHARWAD

4. SOMANAGOUDA S/O. VEERANAGOUDA PATIL AGE: 62 YEARS, OCC: AGRICULTURIST R/O. HAROBELAVADI, TQ: & DIST: DHARWAD

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5. RUDRAGOUDA S/O. VEERANAGOUDA PATIL AGE: 61 YEARS, OCC: AGRICULTURIST R/O. HAROBELAVADI, TQ: & DIST: DHARWAD ... PETITIONERS (BY SRI. S G KADADAKATTI, ADVOCATE) AND: 1. SMT. SUNANDA W/O. SHIVAPPA SORATI AGE: 35 YEARS, OCC: HOUSEHOLD WORK R/O. NAVALUR, TQ & DIST: DHARWAD

2. MALLANAGOUDA S/O. RANGANAGOUDA PATIL AGE: 33 YEARS, OCC: SERVICE R/O. NAVALUR, TQ & DIST: DHARWAD

3. SMT RUDRAVVA W/O. RANGANAGOUDA PATIL AGE: 59 YEARS, OCC: HOUSEHOLD WORK R/O. NAVALUR, TQ & DIST: DHARWAD

4. BASANAGOUDA S/O. VEERANAGOUDA PATIL AGE: 57 YEARS, OCC: AGRICULTURIST R/O. HAROBELAVADI, TQ & DIST: DHARWAD

5. RUDRAGOUDA S/O. NAGANAGOUDA DODDAMANI AGE: 50 YEARS, OCC: AGRICULTURIST R/O. PANIGATTI, 3

TQ: SHIGGAON DIST: HAVERI

6. SMT SUDHA D/O. SHEKHARAGOUDA PATIL AGE: 48 YEARS, OCC: HOUSEHOLD WORK R/O. , TQ: KUNDAGOL, DIST: DHARWAD

7. SMT SUJATA W/O. PRAKASH SIDDANAGOUDAR AGE: 45 YEARS, OCC: HOUSEHOLD WORK R/O. GUDAGERI KAMADOLLI, TQ: KUNDAGOL, DIST: DHARWAD

8. SMT. IRAVVA W/O. BASANAGOUDA KULKARNI AGE: 56 YEARS, OCC: HOUSEHOLD WORK R/O. MANIKATTI, TQ: SHIGGAON, DIST: HAVERI ... RESPONDENTS (BY SRI SHRIKANTH T PATIL, ADVOCATE FOR R1 TO R3; R4 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO CALL FOR RECORDS FROM THE III ADDL.SENIOR CIVIL JUDGE & CJM, DHARWAD IN EXECUTION PETITION NO.37/2013 AND QUASH THE ORDER DATED 27.07.2015 PASSED BY THE LEARNED III ADDL.SENIOR CIVIL JUDGE AND CJM, DHARWAD, IN EXECUTION PETITION NO.37/2013, VIDE ANNEXURE-G, AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: 4

O R D E R

Learned counsel for the respective parties submit that the execution petition (EP

No.37/2013) out of which this writ petition arises has been rendered infructuous, as the same has been disposed of on 19.12.2015. Further, in the regular second appeal, this court has set aside the judgment and decree passed in final decree proceedings and has restored the same and the matter is now pending before the Hon’ble Supreme

Court.

Submission is placed on record. In the circumstances, the writ petition has rendered infructuous and is dismissed as having become infructuous.

Sd/- JUDGE RK/- CT: SG.