- 1 - HC-KAR NC: 2025:KHC:24268 WP No. 19421 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 19421 OF 2024 (GM-CPC) BETWEEN: 1. SRI M MYLARASWAMY S/O MALLAIAH AGED ABOUT 69 YEARS 2. SRI M. MANJUNATHASWAMY S/O MALLAIAH AGED ABOUT 67 YEARS 3. SRI M RAMESH S/O LATE MAYANNA AGED ABOUT 56 YEARS SRI M. BHASKAR S/O LATE MAYANNA SINCE DEAD BY LRS 4. SMT. SHOBA K W/O LATE M BHASKAR AGED ABOUT 45 YEARS 5. MR. B AJAY KUMAR S/O LATE M BHASKAR AGED ABOUT 27 YEARS 6. KUM B ANUSHA D/O LATE M BHASKAR AGED ABOUT 25 YEARS 7. SRI M PREM KUMAR S/O LATE MAYANNA AGED ABOUT 54 YEARS Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24268 WP No. 19421 of 2024 8. SRI R. CHANDRASHEKAR S/O LATE M. REVANNA AGED ABOUT 49 YEARS 9. SRI R RAVI S/O LATE M REVANNA AGED ABOUT 47 YEARS ALL ARE RESIDING AT NO. 76/94, KURUBARA BEEDI, CHAMUNDI HILLS OPP. TO TEMPLE, MYSORE - 570 010. …PETITIONERS (BY SRI. PRAKASH T. HEBBAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, FORESTS, ENVIRONMENTS AND ECOLOGY DEPARTMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSURU - 570 011. 3. THE THASILDAR MYSORE TALUK, MYSURU - 570 005. 4. THE CONSERVATOR OF FORESTS (CENTRAL) REGIONAL OFFICE (SOUTHERN ZONE), KENDRIYA SADAN, 4TH FLOOR, E AND F WINGS, 17TH MAIN, 2ND BLOCK, KORAMANGALA, BENGALURU - 560 034. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR ENTIRE RECORDS FROM THE FILE OF THE IV ADDL. SENIOR CIVIL JUDGE, MYSURU, IN EXECUTION PETITIONER NO. 440/2017, PERUSE THE SAME, HEAR THE PARTIES AND FURTHER BE PLEASED TO GRANT THE FOLLOWING RELIEFS TO THE PETITIONERS AGAINST THE RESPONDENTS AND ETC., - 3 - HC-KAR NC: 2025:KHC:24268 WP No. 19421 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER Heard Sri Prakash T Hebbar, learned counsel for the petitioner and Sri B Ravindranath, learned AGA for respondents and perused the entire writ petition papers. 2. The above writ petition is filed under Article 227 of the Constitution of India questioning the impugned order dated 24.1.2024 passed by the IV Additional Senior Civil Judge, Mysore rejecting I.A.II filed by the petitioners under Order XXI Rule 32(1) CPC. 3. This writ petition arises from the Execution No.440/2017 on the file of the IV Additional Senior Civil Judge, Mysore, in which proceedings, I.A.II, stated above, was filed. The said Execution No.440/2017 was filed to execute the judgment and decree dated 29.8.2011 in O.S.No.476/2010. 4. Sri Prakash T Hebbar, learned counsel for the petitioner, would fairly submit that, the judgment and decree - 4 - HC-KAR NC: 2025:KHC:24268 WP No. 19421 of 2024 dated 29.8.2011 passed in O.S.No.476/2010 is set aside by this Court in RFA No.1653/2011 on 30.7.2024. However, learned counsel would submit that, against the said judgment dated 30.7.2024 in RFA No.1653/2011, the petitioners have preferred SLP (C) No.021514/2024 and notice has been ordered. 5. Admittedly, as on this date, in view of setting aside of the judgment and decree dated 29.8.2011 in O.S.No.476/2010, from which the execution proceedings and the present writ petition arise, in RFA No. No.1653/2011 on 30.7.2024, the present writ petition would no more survive for consideration. 6. Accordingly, the writ petition stands disposed of. However, liberty is reserved to the petitioner to revive the present writ petition, in case the petitioners succeed in the SLP said to have been filed by them before the Hon'ble Apex Court. Sd/- (S.G.PANDIT) JUDGE rs/CT: BHK