- 1 - NC: 2025:KHC:7312 WP No. 4871 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 4871 OF 2021 (GM-CPC) BETWEEN: SMT. MEENAKSHI W/O LATE SRI. NAGASUBRAMANIAM IYER, AGED ABOUT 52 YEARS, R/O NO.4, FLAT NO.601, 6TH FLOOR, SHANTHI PARK APARTMENTS, 9TH BLOCK, JAYANAGARA, BENGALURU-560069. …PETITIONER (BY SRI. JAGADEESH MUNDARAGI, ADVOCATE) AND: SMT. KAMAKSHI W/O SRI. RAVI AGED ABOUT 56 YEARS, R/O NO.55/2, KRISHNA RESIDENCY, UTTARAHALLI MAIN ROAD, BENGALURU-560056. …RESPONDENT (BY SRI. MANJUNATH G. KANDEKAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 10.04.2019 PASSED ON IA NO.9/2019 BY LEARNED CITY CIVIL JUDGE AT BENGALURU IN P & SC NO.219/2015 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:7312 WP No. 4871 of 2021 ORAL ORDER The petitioner has challenged an order dated 10.04.2019 passed on I.A.No.IX by the City Civil Judge, Bengaluru by which, the Court permitted P & SC No.219/2015 to be withdrawn with liberty to file a fresh case. 2. When this petition was listed for 'Preliminary Hearing - B Group', the learned counsel for respondent submitted that after the impugned order, the respondent has filed P & SC No.454/2019 and P & SC No.156/2022 and that the petitioner herein has filed her objections, consequent to which, the Court had ordered probate proceedings to be tried as a suit and O.S.No.5813/2022 is already registered. Therefore, there is no necessity to consider the correctness of the impugned order as the same has spent in itself. 3. Hence, this writ petition is dismissed. However, the contentions urged by the petitioner in this writ petition is kept open to be considered in appropriate proceedings. Sd/- (R. NATARAJ) JUDGE PMR/List No.: 1 Sl No.: 58