- 1 - HC-KAR NC: 2025:KHC:45593 WP No. 2122 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 2122 OF 2020 (GM-CPC) BETWEEN: SRI K.M. GURUSWAMY S/O LATE MAHADEVAPPA AGED ABOUT 54 YEARS R/AT DOOR NO.172 KOODANAHALLI VILLAGE VARUNA HOBLI, SOMESHWARAPURA POST, MYSURU TALUK - 571 311. …PETITIONER (BY SRI NANJUNDA SWAMY N, ADV.) AND: 1. SRI P. GURUSWAMY S/O LATE SRI PUTTABUDDHI AGED ABOUT 49 YEARS R/AT DOOR NO.50, F-6 2ND MAIN, 11TH CROSS VIDYARANYAPURAM MYSURU - 570 008. 2. SRI M. MAHADEV S/O LATE M.L. MADAIAH AGED ABOUT 51 YEARS R/AT DOOR NO.1063/115 A-1, F-12, 2ND MAIN, 9TH CROSS VIDYARANYAPURAM, KHILLE MOHALLA MYSURU - 570 008. …RESPONDENTS (BY SRI Y.V. PRAKASH, ADV., FOR SRI Y.K. NARAYANA SHARMA, ADV., FOR R-1; NOTICE TO R-2 IS H/S V/O/DATED 03.11.2025) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45593 WP No. 2122 of 2020 THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.27.10.2018 PASSED ON INTERIM APPLICATION i.e I.A.1 FILED UNDER ORDER XXXVIII RULE 5 OF CPC READ WITH SECTION 151 OF CPC IN O.S.NO.492/2018 BY THE IV ADDL SENIOR CIVIL JUDGE AND JMFC MYSURU AS PER ANNEUXRE-F AND SET ASIDE/QUASH THE ORDER DTD,18.11.2019 PASSED ON INTERIM APPLICATION i.e IA NO.4 FILED UNDER ORDER XXXVIII RULES 8 AND 10 OF CPC READ WITH SECTION 15 1OF CPC IN O.S.NO.492/2018 BY THE IV ADDL SENIOR CIVIL JUDGE AND JMFC MYSURU AS PER ANNEXURE-L BY ALLOWING THE SAID APPLICATIONA T ANNEXURE-J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned Counsel for the parties submits that during the pendency of this writ petition, O.S.No.492/2018 pending before the Court of IV Addl. Senior Civil Judge & JMFC, Mysuru, out of which, this writ petition arises, has been disposed of, and therefore, this writ petition does not survive for consideration. 2. Learned Counsel for the petitioner submits that leaving open to the petitioner to urge the grounds raised in this petition as provided under Section 105 of CPC in an appeal that is preferred against the judgment and decree passed in O.S.No.492/2018, this writ petition may be dismissed as not pressed. - 3 - HC-KAR NC: 2025:KHC:45593 WP No. 2122 of 2020 3. The aforesaid submissions are placed on record. Writ petition is dismissed as not pressed, with liberty as prayed for. Sd/- (S VISHWAJITH SHETTY) JUDGE KK