Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:28016 WP No. 14729 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14729 OF 2025 (GM-CPC) BETWEEN:
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MR. D. VINOD SIVAPPA SON OF LATE D. SIVAPPA AGED ABOUT 68 YEARS RESIDING AT NO.4, LAVELLE ROAD 1ST CROSS, BANGALORE – 560 001 …PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND:
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MR. M.M. PRASANNA KUMAR SON OF LATE MUDAPPA AGED ABOUT 63 YEARS RESIDING AT NO.441, 8TH MAIN ROAD SADASHIVNAGAR BANGALORE – 560 001 …RESPONDENT (BY SRI. ADITYA NRAYAN, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF O.S.NO.3401/2025 PENDING IN THE FILES OF V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-13) BENGALURU AND ETC.
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:28016 WP No. 14729 of 2025
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 appearing for the petitioner files a memo seeking disposal of the petition as having become infructuous. The memo so filed reads as follows:
"The undersigned advocate for the Petitioner most humbly submits as follows:
1. The petition had been filed challenging the ex parte
order of temporary injunction dated 03.05.2025 ("Impugned
Order") passed by the Learned V Additional City Civil and Sessions Judge (CCH-13), Bengaluru ("Ld. Trial Court") in Ι.Α. No. 1/2025 filed by the Respondent in O.S. No. 3401/2025. This Hon'ble Court by its order dated 20.05.2025 was pleased to stay the Impugned Order in I.A. No. 1/2025 filed by the Respondent in O.S. No. 3401/2025.
2. During the pendency of the writ petition, the Ld. Trial Court by order dated 17.07.2025 dismissed I.A. No.1/2025 filed by the Respondent under Order XXXIX Rules 1 and 2 r/w Section 151 of the Code of Civil Procedure, 1908. A copy of the
order dated 17.07.2025 passed by the Ld. Trial Court is produced herewith as Annexure "A".
3. In light of the said order of the Ld. Trial Court, this writ petition has been rendered infructuous as I.A. No.1/2025 on which the Impugned Order was passed has itself been dismissed. In view thereof, the Petitioner prays that this Hon'ble Court may be pleased to dispose of the present petition as infructuous. Wherefore, it is respectfully submitted that this Hon'ble Court may be pleased to take this memo on record and dispose of the present writ petition as infructuous in the interest of justice and equity."
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HC-KAR NC: 2025:KHC:28016 WP No. 14729 of 2025
In terms of memo, the petition is disposed as withdrawn.
SD/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 1 Sl No.: 158