- 1 - HC-KAR NC: 2025:KHC:18559 WP No. 24780 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO.24780 OF 2023 (GM-CPC) BETWEEN: 1. SMT.THAYAMMA AGED ABOUT 61 YEARS D/O.KALLAPPA @ KALLAIAH R/AT NO.53, 4TH CROSS NAGADEVANAHALLI JNANA BHARATHI POST BENGALURU-560 056 2. SMT.NAGARATHNAMMA D/O.KALLAPPA @ KALLAIAH AGED ABOUT 48 YEARS R/AT CHIKKAGALOLLARAHATTI KODIGEHALLI ROAD VISHWANEEDAM POST BENGALURU-560 091 3. SRI RAJANNA D/O.KALLAPPA @ KALLAIAH AGED ABOUT 36 YEARS R/AT NO.53, 4TH CROSS NAGADEVANAHALLI JNANA BHARATHI POST BENGALURU-560 056 …PETITIONERS (BY SRI RAHAMATHULLA KOTHWAL, ADVOCATE) AND: 1. SRI KALLAPPA @ KALLAIAH (DEAD) S/O.LATE YELIYAPPA AGED ABOUT 86 YEARS R/AT NO.53, 4TH CROSS NAGADEVANAHALLI Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18559 WP No. 24780 of 2023 JNANA BHARATHI POST BENGALURU-560 056 2. SRI NAGARAJU S/O.SRI LATE YELIYAPPA AGED ABOUT 86 YEARS R/AT NO.53, 4TH CROSS NAGADEVANAHALLI JNANA BHARATHI POST BENGALURU-560 056 3. SRI THIMMAIAH S/O.LATE YELLIAPPA AGED ABOUT 79 YEARS R/AT NAGADEVANAHALLI VILLAGE JNANA BHARATHI POST BENGALURU-560 056 4. SRI C.THIMMAIAH @ THIMMARAJU S/O.LATE CHIKKANNA AGED ABOUT 61 YEARS R/AT NAGADEVANAHALLLI VILLAGE JNANA BHARATHI POST BENGALURU-560 056 5. SRI THIMMAIAH S/O.LATE CHIKKANNA AGED ABOUT 49 YEARS R/AT NAGADEVANAHALLI VILLAGE JNANA BHARATHI POST BENGALURU-560 056 6. SRI H.HEMARAJU S/O.SRI RAMAIAH HEMARAJU CHOUDHARY MAJOR R/AT NO.312, KUVEMPU NAGAR KENGERI, BENGALURU-560 060 7. SRI B.V.SURESH KUMAR S/O.SRI UPENDRA VARAMBALLI - 3 - HC-KAR NC: 2025:KHC:18559 WP No. 24780 of 2023 AGED ABOUT 61 YEARS R/AT NO.488, 5TH MAIN KENGERI SATELLITE TOWN BENGALURU-560 060 8. SMT.LEELAMMA W/O.K.V.CHANDRASHEKAR AGED ABOUT 54 YEARS R/AT NO.296, KAMAKSHIPALYA MAGADI ROAD BENGALURU-560 079 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO PROTRACT THE PROCEEDINGS OF THE SAID SUIT AND TO COOPERATE BEFORE THE TRIAL COURT IN DISPOSING OF THE SUIT IN OS. NO.5554/2017 AND TO QUASH THE ORDER DATED 23.09.2023 PASSED ON IA.NO.2 IN O.S.NO.5554/2017 BY C/C.XXXVII ACC & SJ, BENGALURU VIDE ANNEXURE-E. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for petitioners submits that the suit is dismissed on the issue of res judicata. In that light, the subject petition is rendered infructuous and is disposed as having become infructuous, - 4 - HC-KAR NC: 2025:KHC:18559 WP No. 24780 of 2023 leaving open all the remedies available in law to the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE LB List No.: 2 Sl No.: 7