- 1 - NC: 2025:KHC:1102 WP No. 13143 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13143 OF 2024 (GM-CPC) BETWEEN: MRS. RITA NORA RODRIGUES AGED ABOUT 64 YEARS W/O. STEPHEN RODRIGUES R/AT NO. 3-102/1, PREM NAGAR BAJJODI POST, KULSHEKAR MANGALURU, D.K. DISTRICT--575 005. …PETITIONER (BY SRI. VIJAYA KRISHNA BHAT M.,ADVOCATE) AND: 1. MRS. THERESA MENEZES AGED ABOUT 83 YEARS W/O. LATE FRANCIS MENEZES 2. MISS JUDI MENEZES AGED ABOUT 48 YEARS D/O. LATE FRANCIS MENEZES BOTH ARE RESIDING AT BAJJODI BIKARNAKATTA, MAROLI VILLAGE MAGALURU TALUK, D K DISTRICT-575 005 3. MR. V. J. CUTINHA SINCE DEAD BY HIS LRS. MRS. JANE CUTINHA AGED ABOUT 73 YEARS 4. MRS. NIRMALA D SILVA AGED ABOUT 44 YEARS S/O. LATE V. J. CUTINHA 5. MRS. NEETHAN CUTINHA AGED ABOUT 43 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1102 WP No. 13143 of 2024 D/O. LATE V. J. CUTINHA 6. MRS. NISHAL D SOUZA AGED ABOUT 37 YEARS D/O. LATE V. J. CUTINHA R3 TO R6 ARE RESIDING AT NO. C1 STARLET APARTMENT SHIVABAGH ROAD MANGALURU-575 002. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 06.02.2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K. IN OS NO. 138/2010 THEREBY ALLOWING IA NO. 20 FILED BY THE PLAINTIFF UNDER ORDER VI RULE 17 OF CPC, VIDE ANNEXURE-A AND CONSEQUENTLY REJECT THE SAID APPLICATION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. The learned counsel for the petitioner has filed a memo dated 11.01.2025 stating that the suit itself has been dismissed and hence, the present petition has become infructuous. Therefore, he seeks leave of this Court to withdraw the petition as infructuous with liberty to the petitioner to revive the writ petition in the event of restoration of the suit. - 3 - NC: 2025:KHC:1102 WP No. 13143 of 2024 2. The memo is placed on record. 3. Accordingly, with the above liberty sought for, the petition is dismissed as having become infructuous. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 37