- 1 - HC-KAR NC: 2025:KHC:45006 WP No. 3695 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3695 OF 2021 (GM-CPC) BETWEEN: R. MUTHAIAH S/O RAJARATHNAM AGED ABOUT 53 YEARS SOCIAL WORKER RESIDING AT 2ND CROSS NEHARU NAGARA CHITRADURGA CITY - 577 501. …PETITIONER (BY SRI JAGAN MOHAN M.T, ADV.) AND: THE COMMISSIONER CHITHRADURG CITY MUNICIPALITY CHITRADURGA - 577 501. …RESPONDENT (BY SMT. SINCHANA M.R, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.01.2021 PASSED BY THE 2ND ADDL. SENIOR CIVIL JUDGE CHITRADURGA, IN M.A.NO.21/2020 VIDE ANNEXURE-K AND ORDERS DATED 2.11.2020 PASSED BY THE 2ND ADDL CIVIL JUDGE AND JMFC CHITRADURGA IN O.S.NO.118/2020 REJECTED THE IA FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 OF CPC VIDE ANNEXURE-H. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45006 WP No. 3695 of 2021 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. There is no representation on behalf of the petitioner. 2. Order sheet in this writ petition would go to show that on the last date of hearing also, there was no representation on behalf of the petitioner. 3. This writ petition is filed challenging the order dated 02.11.2020 passed on the application filed on behalf of the petitioner who is the plaintiff in O.S.No.118/2020 on the file of II Addl. Civil Judge & JMFC, Chitradurga, and the order dated 28.01.2021 passed in M.A.No.21/2020 by the Court of II Addl. Senior Civil Judge, Chitradurga. 4. Learned Counsel appearing for the respondents submits that O.S.No.118/2020 out of which this writ petition arises, has been dismissed by the Trial Court on 08.02.2023 and she has filed a memo enclosing the daily status report of the said suit, which is taken on record. - 3 - HC-KAR NC: 2025:KHC:45006 WP No. 3695 of 2021 5. In view of the aforesaid, this writ petition does not survive for consideration and the same is accordingly dismissed as having been rendered infructuous. Sd/- (S VISHWAJITH SHETTY) JUDGE KK