- 1 - NC: 2025:KHC-D:402 WP No. 106873 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 106873 OF 2019 (GM-CPC) BETWEEN: SHRI. YALLAPPA, S/O. SOMAPPA TALAWAR @ MANG, AGE:48 YEARS, OCC: AGRICULTURE, R/O: RANJANAGI, TALUK MUDHOL, DISTRICT: BAGALKOT-587102. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. SRI. HANAMANTH, S/O. KAREPPA @ KARIYAPPA KUMBAR AGE: 63 YEARS, OCC: AGRICULTURE, R/O: RANJANAGI, TALUK MUDHOL, DISTRICT: BAGALKOT-587102. 2. SRI. KRISHNA S/O. HANAMANTH KUMBAR SINCE DECEASED BY HIS LRS., 2(A) SMT. SUDHA W/O. KRISHNA KUMBAR, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: RANJANAGI, TQ: MUDHOL, DIST: BAGALKOT, PIN: 587102. 2(B) SAGAR S/O. KRISHNA KUMBAR, Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.01.15 14:45:22 +0530 - 2 - NC: 2025:KHC-D:402 WP No. 106873 of 2019 AGE: 16 YEARS, OCC: NIL, R/O: RANJANAGI, TQ: MUDHOL, DIST: BAGALKOT, PIN-587102. 2(C) SRUISHTI D/O. KRISHNA KUMBAR AGE: 14 YEARS, OCC: NIL, R/O: RANJANAGI, TQ: MUDHOL, DIST: BAGALKOT, PIN-587102. 2(D) MALLIKARJUN S/O. KRISHNA KUMBAR AGE: 14 YEARS, OCC: NIL, R/O: RANJANAGI, TQ: MUDHOL, DIST: BAGALKOT, PIN-587102. …RESPONDENTS (BY SRI. JAGADISH PATIL, ADVOCATE FOR R1 AND R2 (A TO D)) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH THE ENTIRE PROCEEDINGS OF THE EXECUTION PETITION BEARING E.P.NO.50/2019 FILED BY THE RESPONDENTS PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE MUDHOL VIDE ANNEXURE-J AND QUASH THE IMPUGNED ORDER DATED 22.02.2019 PASSED ON I.A.NO.1/2019 IN EXECUTION PETITION NO.50/2019 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC MUDHOL VIDE ANNEXURE-L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - NC: 2025:KHC-D:402 WP No. 106873 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the respondents has filed a memo stating that the petitioner may be permitted to produce certified copy of the order sheet in E.P.No.50/2019 on the file of the learned Prl. Civil Judge and JMFC., Mudhol, wherein on 27.09.2024, respondents filed a memo stating that they are not interested in proceeding with the present E.P.No.50/2019 and prays for dismissal of the same. As respondents have undertaken to withdraw the execution petition, the Execution Court has not accepted the memo only on the ground that the writ petition filed by the petitioner is pending and there is an interim order. Memo is placed on record. In view of the memo and undertaking given by the respondents nothing survives for consideration in this writ petition. The respondents are permitted to withdraw the Execution Petition. Accordingly, writ petition is disposed off. Sd/- (ASHOK S. KINAGI) JUDGE HMB LIST NO.: 1 SL NO.: 5