- 1 - NC: 2025:KHC:16661-DB WA No. 228 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT APPEAL NO. 228 OF 2025 (GM-RES) BETWEEN: 1. SRI M.N. VITTALACHARYA AGED 84 YEARS S/O. LATE NARAYANACHARYA R/AT BELLUR ROAD CHIKKAMAGALURU - 577 101. …APPELLANT (BY SRI A. RAVISHANKAR, ADVOCATE) AND: 1. SRI VIVEKANANDA ACHARYA M.V. AGED ABOUT 51 YEARS S/O. SRI VIVEKANANDA ACHARYA M.V. R/AT BELLUR ROAD CHIKKAMAGALURU - 577 101. 2. THE DEPUTY COMMISSIONER AND SENIOR CITIZEN MANAGEMENT AUTHORITY CHIKKAMAGALURU VIJAYAPURA CHIKKAMAGALURU - 577 101. …RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN W.P.NO.619/2020 (GM-RES) BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT DATED 27/09/2024, CONSEQUENTLY BY UPHOLDING THE ORDER OF THE 2ND RESPONDENT PASSED IN J1 MAG CR 124/2019-20 DATED 07/11/2019 VIDE ANNEXURE-A AND ETC., Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:16661-DB WA No. 228 of 2025 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) While this appeal comes up for admission along with the application for condonation of delay of 106 days, in course of the submissions, learned advocate Mr. A. Ravishankar for the appellant stated that the substratum of the subject matter of the appeal is the dispute between the father and son. It was further stated that the father has initiated a civil suit in relation to the subject matter and the same is pending. In that view, it was fairly submitted that, the present proceedings of the appeal may not be pursued by the appellant as the appellant is already in capacity of plaintiff seeking his rights in the civil suit. 2. As requested by learned advocate for the appellant, the delay condonation application as well as the appeal both are disposed of as not prosecuted in view of the pendency of the aforesaid suit, however, with an observation that the civil suit - 3 - NC: 2025:KHC:16661-DB WA No. 228 of 2025 which is initiated by the appellant-father shall proceed on its independent merits without being influenced by the order passed by learned Single Judge and shall be decided on the basis of the evidence which may be lead by the parties. 3. The appeal as well as the application for condonation of delay are disposed of in the above terms. In view of disposal of the appeal, pending Interlocutory Application No.2 of 2025 would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 1 Sl No.: 14