- 1 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 21180 OF 2022 (GM-CPC) BETWEEN: 1. K. SHAMBU AGED 74 YEARS S/O LATE RATNA R/AT SHANTHI NILAYA 7TH SALLAYYA GUDDE BEJAI MANGALURU - 575 002. 2. SUKUVANI AGED ABOUT 45 YEARS D/O SHANTHA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 3. SHRAVAYA AGED 20 YEARS D/O SUKAVANI R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 4. SUJEETH AGED 41 YEARS S/O SHANTHA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 5. SMT. KRIPA AGED ABOUT 33 YEARS D/O HEMALATH A R/A A/202 PARIJAT APARTMENT GAOTHAN VIRAR WEST VIRAR - 401303 DISTRIT PALGHAR MAHARASTRA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 6. GARGI AGED 6 YEARS R/AT A /202, PARIJAT APARTMENT GAOTHAN VIRAR WEST VIRAR - 401303, DISTRICT PALGHAR MAHARASTRA. 7. VED AGED 1 YEAR R/AT A /202 PARIJAT APARTMENT GAOTHAN VIRAR WEST VIRAR- 401303 DISTRICT PALGHAR, MAHARASTRA. 8. SMT. BHARATHI AGED ABOUT 48 YEARS D/O SUSHEELA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 9. ARADHYA AGED 5 YEARS MINOR D/O BHARATHI R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 10. MAMATHA AGED 40 YEARS D/O SUSHEELA R/AT BHATRABAIL HOUSE NEERMAGA POST AND VILLAGE MANGALURU - 575029. 11. MANVITHA AGED 15 YEARS MINOR DAUGHTER OF MAMATHA R/AT BHATRABAIL HOUSE NEERMAGA POST AND VILLAGE MANGALURU - 575029. …PETITIONERS (BY SRI ABISHEK MARLA M.J, ADV.) - 3 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 AND: 1. PRASHANTH AGED ABOUT 50 YEARS S/O VITTALA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 2. SMT. CHITRAKALA AGED ABOUT 53 YEARS D/O LATE SHEENAPPA AND RADHA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 3. SRI PRAKASHA AGED ABOUT 53 YEARS S/O LATE SHEENAPPA AND RADHA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 4. SMT. USHA AGED ABOUT 49 YEARS D/O LATE SHEENAPPA AND RADHA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 5. SHRI PRATAP AGED ABOUT 46 YEARS S/O LATE SHEENAPPA AND RADHA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 6. SMT. SHAKILA AGED ABOUT 44 YEARS D/O LATE SHEENAPPA AND RADHA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. - 4 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 7. SHRI DEVENDRA AGED ABOUT 67 YEARS S/O RATNA AND LINGAPPA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 8. SHRI UMESHA AGED ABOUT 65 YEARS S/O RATNA AND LINGAPPA R/AT SHIVANI NEAR MUNCHUR SCHOOL, SRINIVASANAGAR SURATKAL, MANGALURU - 575 014. 9. SMT. SHANTHA AGED ABOUT 62 YEARS D/O RATNA AND LINGAPPA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 10. SMT. HEMALATHA AGED ABOUT 59 YEARS W/O VASANT ADKA R/AT NO. 9 GIRIDHARLAL D. DHAWL FLAT NO.168, KHERWADI, BANDRA (EAST) MUMBAI 400061. 11. SMT VEDA AGED ABOUT 57 YEARS D/O RATNA AND LINGAPPA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 12. SHRI PRAKASHA AGED ABOUT 51 YEARS S/O RATNA AND LINGAPPA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 13. SHRI CHANDRAKANTHA AGED ABOUT 49 YEARS - 5 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 S/O RATNA AND LINGAPPA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 14. SMT SUSHEELA AGED ABOUT 59 YEARS D/O LATE PADMAVATHI AND LATE BERMU K R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD, MANGALURU 575002. 15. SHRI DINAKARA AGED ABOUT 57 YEARS S/O LATE PADMAVATHI AND LATE BERMU K R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD, MANGALURU 575002. 16. SMT. SUNEELA AGED ABOUT 55 YEARS D/O LATE PADMAVATHI AND LATE BERMU K R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD, MANGALURU 575002. 17. SMT SUNEETHA AGED ABOUT 53 YEARS D/O LATE PADMAVATHI AND LATE BERMU K R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD, MANGALURU 575002. 18. SHRI PRABHAKARA AGED ABOUT 50 YEARS S/O LATE PADMAVATHI AND LATE BERMU K R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD, MANGALURU 575002. 19. SHRI RAVI AGED ABOUT 48 YEARS - 6 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 S/O LATE PADMAVATHI AND LATE BERMU K R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD, MANGALURU 575002. 20. SHRI SUDHAKARA AGED ABOUT 46 YEARS S/O LATE PADMAVATHI AND LATE BERMU K R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU - 575 002. 21. SMT. PREMA AGED ABOUT 55 YEARS D/O LATE YADAVA AND KAMALA R/AT NEAR BUS STAND SOORINJE SURATKAL, MANGALURU 575028. 22. SMT DEVAKI AGED ABOUT 65 YEARS W/O LATE VITTALA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 23. SHRI PRADEEP AGED ABOUT 44 YEARS S/O LATE VITTALA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 24. SMT. PRATIBHA AGED ABOUT 42 YEARS D/O LATE VITTALA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 25. SHRI HARIPRASAD AGED ABOUT 40 YEARS S/O LATE VITTALA R/AT BALAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. 26. SHRI LAXMANA - 7 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 AGED ABOUT 67 YEARS S/O LATE RAJEEVI AND NARAYANA R/AT KANTHAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU - 575 002. 27. SMT. K. SUMATHI MAJOR W/O LATE KESHAVA R/AT KANTHAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575 002. 28. MR. VISHAL MAJOR S/O LATE KESHAVA R/AT KANTHAPPA COMPOUND KADRI TEMPLE ROAD MANGALURU 575002. …RESPONDENTS (V/O DTD 10.11.2022 NOTICE TO R-2 TO R-8 ARE D/W R-1 SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 04.12.2021 PASSED ON I.A.NO.VI VIDE ANNEXURE-A AND ORDER DTD 29.07.2022 PASSED IN IA NO.XI VIDE ANNEXURE-B IN O.S.NO.982/2015 BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MANGALORE, DK AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONERS. 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 Learned counsel for the petitioners submits that prayer made in the writ petition has been rendered infructuous since - 8 - HC-KAR NC: 2025:KHC:53491 WP No. 21180 of 2022 the suit in O.S.No.982 of 2015 out of which this writ petition arises has been already disposed of. 2. The said submission is placed on the record. Writ petition is dismissed as having rendered infructuous. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS