- 1 - HC-KAR NC: 2025:KHC-D:11433 CRP No. 100113 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL REVISION PETITION NO. 100113 OF 2023 BETWEEN: SMT. PRABHAVATHI W/O. M. MANJUNATHA AGED ABOUT 64 YEARS, HOUSEWIFE R/O: OLD 15TH WARD, NEW 18TH WARD, CHAPPARADAHALLI HOSPET 583201 HOSPET TALUK, BALLARI DISTRICT. …PETITIONER (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. SMT. CHINNALAL BI @ SUNNEY W/O. AKBAR BASHA, AGED ABOUT 55 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201, BALLARI DISTRICT. 2. SMT. FAHAMEEDA BEGUM W/O. LATE ZALEEL SAB, AGED ABOUT 48 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201, BALLARI DISTRICT. 3. D. RAJU @ RAJA SAB S/O. LATE D. KULLAYAPPA, AGED ABOUT 60 YEARS, AGRICULTURIST, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.11 10:35:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11433 CRP No. 100113 of 2023 R/O: 4TH WARD, PATEL NAGAR, HOSPET-583201, BALLARI DISTRICT. 4. SMT. HUSSEIN BI W/O. LATE D. KULLAYAPPA, AGED ABOUT 82 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. 5. SMT. LAL BI W/O. SUBHAN SAB, AGED ABOUT 47 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. 6. SMT. AMEENA W/O. HONNUR SAB, AGED ABOUT 53 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. 7. SMT. KHAJA BANNI W/O. MASTAN, AGED ABOUT 51 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. 8. SMT. RAFIA W/O. ANEEZ, D/O. LATE D.KULLAYAPPA, AGED ABOUT 33 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. 9. D. BALA KULLAYAPPA, S/O. D. KULLAYAPPA, AGED ABOUT 70 YEARS, AGRICULTURIST, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. - 3 - HC-KAR NC: 2025:KHC-D:11433 CRP No. 100113 of 2023 10. SMT. PEDDA KULLAYAMMA, W/O. LATE MASTAN VALI, AGED ABOUT 77 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. 11. BALAPPA S/O D. KULLAYAPPA, AGED ABOUT 75 YEARS, AGRICULTURIST & LORRY OWNER, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. 12. SMT. CHINNA KULLAYAMMA W/O. NAAL CHARAPPA, AGED ABOUT 71 YEARS, HOUSEWIFE, R/O: 4TH WARD, PATEL NAGAR, HOSPET- 583201 BALLARI DISTRICT. …RESPONDENTS (BY SRI. A.B. PATIL, ADVOCATE FOR R4, R6 AND R8; SERVICE OF NOTICE TO RESPONDENTS NO.1 TO 3 AND 5- HELD SUFFICIENT; R7-LEFT) THIS CRP FILED UNDER SECTION 115 OF CPC, PRAYING TO CALL FOR RECORDS OF O.S. NO.222/2013 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AN JUDICIAL MAGISTRATE FIRST CLASS, HOSAPETE AND SET ASIDE THE IMPUGNED ORDER DATED 31.10.2022 MADE IN OS NO. 222/2013 ON IA NO.17 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HOSAPETE, AND FURTHER TO ALLOW I.A. NO.17 AND REJECT THE SUIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:11433 CRP No. 100113 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the petitioner has filed memo dated 08.09.2025, in which, it is stated as under : “The advocate for petitioner/defendant No.2 respectfully submits that the petitioner in the above petition has challenged the order passed on I.A.No.17 dated 31.10.2022 in O.S.no.222/2013 on the file of Principal Civil Judge and JMFC, Hosapete. It is respectfully submitted that the main matter i.e., O.S.No.222/2013 on the file of Principal Civil Judge and JMFC, Hosapete has been dismissed on 29.08.2025, hence in view of the main matter before the Court below has been ended, the present petition does not survive for consideration and has become infructuous, hence this memo.” 2. In view of memo, petition is dismissed as having become infructuous. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 8