- 1 - HC-KAR NC: 2025:KHC:19698 WP No. 28239 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 28239 OF 2019 (GM-CPC) BETWEEN: 1. SMT LAKSHMAMMA @ LAKSHMINARASAMMA, W/O LATE HANUMANTHARAYAPPA, AGED ABOUT 58 YEARS, 2. SMT VIJAYAKUMARI, D/O LATE HANUMANTHARAYAPPA, AGED ABOUT 30 YEARS 3. SRI VENKATESH, S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 28 YEARS, PETITIONER NO.1 TO 3 ARE R/A NO.715, I MAIN, 2ND CROSS, MARUTHI LAYOUT, CHOKKASANDRA, BANGALORE-560058. 4. SRI KEMPEGOWDA, S/O LATE THIMMAIAH, AGED ABOUT 51 YEARS, 5. SRI VENKATESH, S/O LATE THIMMAIAH, AGED ABOUT 50 YEARS, 6. SRI GOVINDARAJU, S/O LATE THIMMAIAH, AGED ABOUT 48 YEARS, PETITIONER NO.4 TO 6 ARE R/A KAMANAAGRAHARA VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK-561204. PETITIONERS (BY SRI. KUMAR RAM CM.,ADVOCATE FOR THE PETITIOENR (VC)) Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19698 WP No. 28239 of 2019 AND: 1. SRI NAGARAJU, S/O LATE THIMMAIAH, AGED ABOUT 61 YEARS, R/A NO.12, 2A MAIN ROAD, ATTUR LAYOUT, ESCORTS COLONY YELAHANKA, BANGALORE-560064. 2. SRI VENKATAGIRI, S/O LATE THIMMAIAH, AGED ABOUT 61 YEARS, R/A NO.430, ASHWATHAPPA BUILDING, NEAR VISHAL SCHOOL, ANCHEPALYA, NAGASUNDRA POST, BANGALORE-560073. RESPONDENTS (BY SRI. THEJESH N., ADVOCATE FOR C/R1 & R2.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH/ SET ASIDE THE IMPUGNED ORDER DATED 21.06.2019 IN R.A.NO.158/2012 PASSED BY VI ADDITIONAL DISTRICT & SESSIONS JUDGE, DODDABALLAPURA PASSED ON I.A.2 FILED UNDER ORDER 41 RULE 27 R/W ORDER 26 RULE 10A AND SECTION 107 OF CPC R/W SECTION 45 OF EVIDENCE ACT DIRECTING THE PARTIES FOR DNA TEST WHICH IS PRODUCED AT ANNEXURE-A AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:19698 WP No. 28239 of 2019 ORAL ORDER 1. Leaned counsel for the petitioners is present. 2. Since both the respondents are stated to have been deceased in the year 2020 itself and steps to bring the legal representatives of the deceased respondents not having been taken till date, the above writ petition has stood abated. 3. Registry shall intimate this order to the Trial Court forthwith. Sd/- (C.M. POONACHA) JUDGE PNV List No.: 1 Sl No.: 25