- 1 - NC: 2025:KHC:16497 WP No. 23072 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23072 OF 2024 (GM-CPC) BETWEEN: SRI NACHIKETH @ NACHIKETH B V S/O LATE B.S.VIRUPAKSHAPPA @ B.S.VIRUPAKSHA SHETTY AGED ABOUT 37 YEARS, IGLOS SHOP, REDDY HOSTEL BUILDINGS, B.D.ROAD, CHITRADURGA CITY - 577501 …PETITIONER (BY SRI. SAMEER S N.,ADVOCATE) AND: 1. R S VENKATESH S/O LATE R.K.SATHYANARAYANA SHETTY, AGED ABOUT 73 YEARS, MERCHANT, R/O LAKSHMI BAZAR, CHITRADURGA CITY - 577501 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16497 WP No. 23072 of 2024 2. SMT. UMAMA MAHESWARI W/O LATE B.S.VIRUPAKSHAPPA @ B.S.VIRUPAKSHA SHETTY, AGED ABOUT 60 YEARS, HOUSE WIFE, R/O V.G.SETRU BUILDING, HOLALKERE ROAD, CHITRADURGA CITY - 577501 3. SMT. SOURABHA WIFE OF PRAVEEN AND D/O LATE B.S.VIRUPAKSHAPPA @ B.S.VIRUPAKSHA SHETTY, AGED ABOUT 37 YEARS, KRISHNA STEELS, M.G.ROAD, CHIKKAMAGALURU - 577101 …RESPONDENTS (BY SRI. SHIVAKUMARAPPA T.C., ADV. FOR R1; V/O DATED 22.10.2024 NOTICE TO R2 AND R3 IS D/W) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / ANNX-A i.e THE IMPUGNED ORDER DTD. 09.08.2024 ALLOWING I.A.NO. 13, 14 AND 15 IN O.S.NO. 98/2022 PASSED BY THE HONBLE 1ST ADDL SENIOR CIVIL JUDGE AND JMFC AT CHITRADURGA AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16497 WP No. 23072 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking dismissal of the petition. The memo reads as follows: " MEMO FILED ON BEHALF OF PETITIONER It is respectfully submitted that, the trial Court has already passed the judgment and decree in O.S.No.98/2022 on 09-04-2025. Hence this writ petition is rendered infructuous. THEREFORE, this writ petition may be dismissed as infructuous with liberty to the petitioner to urge all the contentions taken in this writ petition as grounds in the first appeal, in the ends of justice and equity." 2. In terms of memo, the petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 3 Sl No.: 169