- 1 - HC-KAR NC: 2025:KHC-D:9378 WP No. 100006 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100006 OF 2015 (GM-CPC) BETWEEN: ASHOK S/O. SANGAPPA YALAGI, AGE: 56 YEARS, OCC: BUSINESS, ADD: VIDYAGIRI, BAGALKOT, TQ AND DIST: BAGALKOT. …PETITIONER (BY SRI. M. S. HALLIKERI, ADVOCATE) AND: 1. PAPAYYA S/O. PARUTAYYA GOUDAR, SINCE DECEASED BY HIS LRS. AGE: 71 YEARS, OCC: BUSINESS, ADD: SECTOR NO.46 BEHIND OLD D.D.P.I OFFICE NAVANAGAR, BAGALKOT 587 103 TQ. & DIST. BAGALKOT 2. KRISHNA S/O. KESHVANAYAK MIRJI, AGE: 56 YEARS, OCC: TAX CONSULTANT, ADD: ADAT BAZAR, BAGALKOT – 587 101, TQ & DIST: BAGALKOT. 3. IRAPPA S/O. SANGAPPA TALIKOTI, AGE: 58 YEARS, OCC: TAX CONSULTANT, ADD: ADAT BAZAR, BAGALKOT – 587 101, TQ & DIST: BAGALKOT. 4. VISHWANATH S/O. MALAKAJAPPA HEBBAR, AGE: 76 YEARS, OCC: GOLDSMITH, ADD: NEAR SARNADAGOUDAR HOUSE KILLA ONI, BAGALKOT, TQ & DIST: BAGALKOT. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9378 WP No. 100006 of 2015 5. BGK MERCANTILE FINANCE CORPORATION (REGD) BASAVESHWARA BANK ROAD, BAGALKOT, REP. BY ITS MANAGING PARTNER. 6. NAGAPPA S/O. SANGAPPA YALAGI, AGE: 51 YEARS, OCC: BUSINESS, ADD: HUNDEKAR STREET, BAGALKOT, TQ & DIST: BAGALKOT. …RESPONDENTS (R1 – DECEASED, PROPOSED LRS R1(A) (C) & (E) - SERVED; NOTICE R2 TO R6 – DISPENSED WITH) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION, IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 16.12.2014 PASSED ON I.A.NO.2 IN R.A.NO.113/2013 BY THE COURT OF THE DISTRICT AND SESSIONS JUDGE, BAGALKOT VIDE ANNEXURE-N IN THE INTEREST OF JUSTICE AND EQUITY. ALLOW THE I.A.NO.2 DATED 21.01.2014 FILED BY THE PETITIONER IN R.A.NO.113/2013 PENDING ON THE FILE OF THE COURT OF THE DISTRICT AND SESSIONS JUDGE, BAGALKOT VIDE ANNEXURE-L IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: I. Issue a writ, order or direction, in the nature of certiorari by quashing the order dated 16.12.2014 passed on I.A.No.2 in R.A.No.113/2013 by the Court of the District and Sessions Judge, Bagalkot vide Annexure- N in the interest of justice and equity. II. Allow the I.A.No.2 dated 21.01.2014 filed by the petitioner in R.A.No.113/2013 pending on - 3 - HC-KAR NC: 2025:KHC-D:9378 WP No. 100006 of 2015 the file of the Court of The District and Sessions Judge, Bagalkot vide Annexure-L in the interest of justice and equity. III. Pass such other order/orders as this Hon’ble Court deems fit, in the facts circumstances of the case, including an order as to costs, in the interest of justice and equity. 2. Learned counsel for the petitioner submits that the petition has been rendered infructuous. 3. Accepting his submission, petition is dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 1