- 1 - NC: 2025:KHC:12925 WP No. 50390 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 50390 OF 2019 (GM-CPC) BETWEEN: 1. VENKATESH KUMAR S/O MUKUNDAIAH AGED ABOUT 46 YEARS R/AT VENKATESHWAR NILAYA NO.11/1, 1ST CROSS 1ST MAIN, VALMIKINAGARA MYSORE ROAD BENGALURU-560 026. …PETITIONER (BY SMT. MEGHA M.S., ADVOCATE FOR SRI. RAJASHEKAR S., ADVOCATE) AND: 1. SMT. BHAGYAMMA @ G.B.BHAGYA W/O LATE JAGANNATH AGED ABOUT 47 YEARS R/AT NO.539, 'E' CROSS IDEAL HOMES RAJARAJESHWARI NAGARA BENGALURU-560 098. …RESPONDENT THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 22.10.2019 PASSED IN EXECUTION CASE NO.4001/2018 ON THE FILE OF LXV ADDL. CITY CIVIL AND SESSION JUDGE (CCH-66) AT BENAGLURU VIDE ANNEXURE-A AND ETC. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12925 WP No. 50390 of 2019 THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER The writ petition is filed with the following prayers: "WHEREFORE, the Petitioner prays that this Honorable court may be pleased to :- (a) Issue a writ of Certiorari to quash the order dated 22.10.2019 passed in Execution case No.4001/2018 on the file of LXV Addl. City Civil & Sessions Judge (CCH-66) at Bengaluru vide ANNEXURE- A. (b) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of this case in the interest of justice and equity." 2. Learned advocate for the petitioner submits that, by an order dated 07.12.2024 the execution petition itself has been dismissed for non-prosecution reserving liberty to the decree holder to file a fresh execution petition if the same is within the period of limitation. - 3 - NC: 2025:KHC:12925 WP No. 50390 of 2019 3. For the said reason, the writ petition is hereby dismissed as having become infructuous. It is needless to state that if the petitioner is aggrieved by any order to be passed in any execution petition to be filed by the respondent, he is at liberty to challenge the same in the manner known to law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 41