- 1 - HC-KAR NC: 2025:KHC-D:11762 WP No. 104647 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104647 OF 2024 (GM-CPC) BETWEEN: 1. SHRI MAHESH CHANDRASHEKHAR SANNALINGANNAVAR, AGE: 38 YEARS, OCC: AGRICULTURIST, R/O: BANAVASI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 318. 2. SHRI. JAGADISH LINGAPPA SANNALINGANNAVAR, AGE: 70 YEARS, OCC: AGRICULTURIST, R/O: BANAVASI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 318. 3. SHRI. BASAVARAJ LINGAPPA SANNALINGANNAVAR, AGE: 64 YEARS, OCC: AGRICULTURIST, R/O: BANAVASI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 318. 4. SHRI. GANESH LINGAPPA SANNALINGANNAVAR, AGE: 62 YEARS, OCC: AGRICULTURIST, R/O: BANAVASI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 318. 5. SMT. PUSHPA MALLIKARJUN UDACHANAL, AGE: 76 YEARS, OCC: HOUSEHOLD, R/O: DODDPETE, TQ: SHIKHARIPUR, DIST: SHIVAMOGGA– 577 427. …PETITIONERS (BY SRI. NARAYAN V. YAJI AND SMT. SMITA B.H, ADVOCATES) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11762 WP No. 104647 of 2024 AND: 1. SHRI. MABLESHWAR SHANMUKHAPPA BANGLE, AGE: 88 YEARS, OCC: AGRICULTURIST, R/O: BANAVASI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 318. 2. U.F.M. SHRI KARIBASAPPA CHANNABASAPPA VARAD, AGE: 72 YEARS, OCC: AGRICULTURIST, R/O: HEBBATTI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 358. 3. SMT. RAJESHWARI W/O. CHANDRASHEKHARA SANNALINGANNAVAR, AGE: 78 YEARS, OCC: HOUSEHOLD, R/O: BANAVASI, TQ: SIRSI, DIST: UTTARA KANNADA – 581 318. 4. DR. DINESH CHANDRASHEKHAR SANNALINGANNAVAR, AGE: 40 YEARS, OCC: PROFESSION, R/O: BANAVASI, TQ: SIRSI, DIST:UTTARA KANNADA – 581 318. 5. SMT. JAYASHEELA VEERABADRAPPA GOTI, AGE: 72 YEARS, OCC: HOUSEHOLD, R/O: MARKET ROAD, SAGAR, DIST: SHIVAMOGGA– 577 401. 6. SMT. SOUBAGYA SADASHIVAPPA UDASI, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O: NEAR BUS STAND, HANGAL, DIST: HAVERI – 581 104. 7. SMT. SHIVALILA MALLIKARJUNAPPA YENNI, AGE: 63 YEARS, OCC: HOUSEHOLD, R/O: MARKET ROAD, SAGAR, DIST: SHIVAMOGGA– 577 401. …RESPONDENTS (BY SRI. SOURABH HEGDE, ADVOCATE FOR C/R1) - 3 - HC-KAR NC: 2025:KHC-D:11762 WP No. 104647 of 2024 THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY LEARNED ADDITIONAL CIVIL JUDGE, SIRSI IN EXECUTION CASE NO. 106/2016 DATED 26/04/2024 VIDE ANNEXURE-D TO THE WRIT PETITION AND THE ORDER DATED 31/05/2024 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE, SIRSI IN EXECUTION CASE NO. 106/2016 VIDE ANNEXURE-F TO THE WRIT PETITION AS IT IS ILLEGAL AND UNCONSTITUTIONAL. II. CONSEQUENTLY ISSUE A WRIT IN THE NATURE OF DECLARATION DECLARING THAT THE SALE DEED EXECUTED BY THE COURT COMMISSIONER ON 28/05/2024 IN FAVOUR OF THE RESPONDENT NO. 1 HEREIN IN PURSUANCE OF AN ORDER PASSED IN THIS REGARD BY THE LEARNED ADDITIONAL CIVIL JUDGE, SIRSI IN EXECUTION CASE NO. 106/2016 VIDE ANNEXURE-F TO THE WRIT PETITION AS ILLEGAL. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a Writ in the nature of certiorari and quash the impugned order passed by learned Additional Civil Judge, Sirsi in Execution case No. 106/2016 dated 26/04/2024 vide Annexure-D to the Writ Petition and the order dated 31/05/2024 passed by the learned Additional Civil Judge, Sirsi in Execution case No. 106/2016 vide Annexure-F to the Writ petition as it is illegal and unconstitutional. - 4 - HC-KAR NC: 2025:KHC-D:11762 WP No. 104647 of 2024 ii. Consequently issue a writ in the nature of Declaration declaring that the sale deed executed by the Court Commissioner on 28/05/2024 in favour of the respondent no. 1 herein in pursuance of an order passed in this regard by the learned Additional Civil Judge, Sirsi in Execution case No. 106/2016 vide Annexure-F to the writ petition as illegal. iii. Pass such other orders as this Hon’ble Court deems fit under the facts and circumstances of the case to meet the ends of justice and equity. 1. A memo singed by the petitioners and learned counsel for the petitioners, has been filed, which reads as under; “In view of subsequent development took place during pendency of the case, the relief prayed by the Petitioner has become infructous. WHEREFORE it is prayed that this Hon’ble Court may be pleased to dismiss the above case as withdrawn to meet the ends of Justice.” 2. Accepting the said memo and submission of the counsel for the petitioners, petition is dismissed as withdrawn. - 5 - HC-KAR NC: 2025:KHC-D:11762 WP No. 104647 of 2024 3. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 2 Sl No.: 18