- 1 - HC-KAR NC: 2025:KHC:47836 WP No. 33050 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 33050 OF 2024 (GM-CPC) BETWEEN: SRI Y.M. YATHISH S/O MASTHAPPA AGED ABOUT 43 YEARS RESIDING AT NO.20/20 ANNAPURNESHWARINAGARA NAGARBHAVI, BENGALURU - 560 072. …PETITIONER (BY SRI SADHANA S DESAI, ADV.) AND: 1. SMT. RENUKAMMA W/O VENKATESH AGED ABOUT 45 YEARS RESIDING AT HONNAGANAHATTI VILLAGE, TAVARKERE HOBLI BENGALURU SOUTH TALUK - 562 130. 2. SRI UGRA NARASIMHAIAH S/O LATE NARASIMHAIAH AGED ABOUT 50 YEARS R/O NEAR MARAMMA TEMPLE TAVARKERE VILLAGE AND HOBLI BANGALORE SOUTH TALUK 562 130. 3. SRI D. SIDDARAJU S/O LATE DODDAIAH AGED ABOUT 58 YEARS R/O CHOLANAYAKANAHALLI TAVARAKERE BANGALORE SOUTH TALUK - 562 130. …RESPONDENTS Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47836 WP No. 33050 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO. 258/2017 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, MAGADI.SET ASIDE THE ORDER DTD. 02.01.2024 PASSED PRODUCED AT ANNX-A AND CONSEQUENTLY APPOINT A COURT COMMISSIONER TO SURVEY AND VERIFY AND FIX THE BOUNDARIES OF THE SCHEDULE PROPERTY.A-CRP FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 2.01.2024 PASSED ON IA NO.VII IN OS NO.258/2017 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, MAGADI., REJECTING THE IA NO.VII FILED UNDER ORDER XXVI RULE-9 OF CPC., FOR APPOINT COURT COMMISSIONER. 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 petitioner submits that this writ petition does not survive for consideration as the same has been rendered infructuous. She has filed a memo to the said effect. 2. Submission made and the memo filed are taken on record. Writ petition is dismissed as withdrawn. Sd/- (S VISHWAJITH SHETTY) JUDGE KK