- 1 - HC-KAR NC: 2025:KHC:29962 WP No. 4913 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4913 OF 2024 (GM-CPC) BETWEEN: 1. SRI P B BOPANNA S/O BELLIAPPA AGED 68 YEARS, 2. SRI .P.B. BHARATH S/O P.B. BOPANNA AGED 33 YEARS, 3. SMT KANNIKE W/O P.B. BOPANNA AGED 60 YEARS, ALL ARE RESIDENTS OF MUGUTAGERI VILLAGE, PONNAMPET TALUK KODAGU - 571 216 …PETITIONERS (BY SRI. S R SREEPRASAD.,ADVOCATE) AND: 1. SRI K B NANAIAH S/ O LATE K A BHEEMAIAH AGE 66 YEARS R/O KIRGOOR VILLAGE PONNAMPET TALUK KODAGU - 571 216 …RESPONDENT (BY SRI. ESHAN KAVERAPPA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER OF DISMISSAL OF THE APPLICATION IA NO. 7 DATED 02.06.2023, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29962 WP No. 4913 of 2024 FILED UNDER ORDER 26 RULE 9 ON THE FILE OF THE CIVIL JUDGE AND JMFC, PONNAMPET, IN OS 49/2021, PRODUCED VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for petitioner submits that the petition is rendered infructuous and files a memo to that effect. 2. The memo reads as follows: “MEMO The undersigned, upon instructions, submits that the suit in OS 49/2021 has been disposed off before the trial court on 1.8.2025. In view of the same, the above writ petition has become infructuous. The petitioner be permitted to withdraw the writ petition, reserving liberty to challenge the order impugned in the writ petition in the appeal to be filed against the judgment passed in OS 49/2021. All contentions be left open. The undersigned prays for necessary orders.” In terms of the memo, the writ petition is disposed as withdrawn. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 1