- 1 - HC-KAR NC: 2025:KHC:43226 WP No. 27801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.27801 OF 2025 (GM-CPC) BETWEEN: VASANTHA KUMAR D S/O LATE SHIVA RAO AGED ABOUT 58 YEARS R/O. "SKANDA NILAYA" AITHOOR KOILA VILLAGE AND POST PUTTUR TALUK D.K. DISTRICT - 574211 …PETITIONER (BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. M.V.MANJUNATHA AGED ABOUT 62 YEARS S/O LATE VISHNUMOORTHI M.K R/O "KANJI HOUSE" BALPA VILLAGE AND POST SULLIA TALUK, D.K. DISTRICT - 574232 2. M.V.SHRIVATHSA AGED ABOUT 57 YEARS S/O LATE VISHNUMOORTHI M K R/O "KANJI HOUSE" BALPA VILLAGE AND POST SULLIA TALUK, D.K. DISTRICT - 574232 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43226 WP No. 27801 of 2025 3. SMT. D. SHALINI RAO W/O LATE DINESH KUMAR RAO AGED ABOUT 49 YEARS R/O "SHIVA SADANA" ADI SUBRAHMANYA ROAD SUBRAMANYA POST AND VILLAGE KADABA TALUK D.K. DISTRICT - 574238 4. SHREYAS RAO D S/O LATE DINESH KUMAR RAO AGED ABOUT 29 YEARS R/O "SHIVA SADANA" ADI SUBRAHMANYA ROAD SUBRAMANYA POST AND VILLAGE KADABA TALUK D.K. DISTRICT - 574238 5. VISHWAS RAO S/O LATE DINESH KUMAR RAO AGED ABOUT 24 YEARS R/O. "SHIVA SADANA" ADI SUBRAHMANYA ROAD SUBRAMANYA POST AND VILLAGE KADABA TALUK D.K. DISTRICT - 574238 6. SMT.RAJESHWARI S.N. RAO D/O LATE D. SHIVA RAO W/O. SHANKARANARAYANA RAO AGED ABOUT 52 YEARS R/O. "IBARAJE HOUSE" KANIYOOR VILLAGE, P.O. KANIYOOR KADABA TALUK, D.K. DISTRICT 7. SMT.VEENA R. RAO D/O. LATE D. SHIVA RAO W/O. RAMAKRISHNA RAO - 3 - HC-KAR NC: 2025:KHC:43226 WP No. 27801 of 2025 AGED ABOUT 50 YEARS R/O. "ASHIRVADA" PERUVAJE VILLAGE AND POST SULLIA TALUK, D.K. DISTRICT - 574239 8. SMT.SANDHYA CHITHARANJAN RAO D/O. LATE D.SHIVA RAO W/O. CHITHARANJAN RAO AGED ABOUT 45 YEARS R/O. "BADENJA HOUSE" RAMAKUNJA VILLAGE AND POST PUTTUR TALUK D.K. DISTRICT - 574201 …RESPONDENTS (BY SRI.M.S.VENUGOPAL, ADVOCATE FOR R.1 AND R.2; R.4 TO R.8 ARE SERVED, UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 09.09.2025 IN EX.C.NO.23/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC SULLIA PRODUCED AT ANNX-A WITH RESPECT OF ISSUE OF DELIVERY WARRANT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Learned counsel for petitioner is present so also learned counsel for respondent Nos.1 and 2. - 4 - HC-KAR NC: 2025:KHC:43226 WP No. 27801 of 2025 2. Learned counsel for respondent Nos.1 and 2 has filed a memo, which reads as under: "The petitioner has filed this petition challenging the issuance of delivery warrant of Execution Case No.23/2025 on the ground that the Appeal period to file Special Leave Petition is not expired on the date of issuance of delivery warrant subsequently. The petitioner has filed Special Leave Petition in Diary No.53414/2025 SLP (C) No.28628/2025 on the file of the Hon'ble Supreme Court of India on 16.09.2025. The Hon'ble Supreme Court of India by its order dated 14.10.2025. The copy of the order enclosed for kind perusal of this Hon'ble Court. Hence, the present petition has become infructuous and same may be dismissed in the interest of justice and equity." 3. The said memo is placed on record. In view of the memo and submission made by both the learned counsels appearing for both parties, the petition is dismissed for having become infructuous. - 5 - HC-KAR NC: 2025:KHC:43226 WP No. 27801 of 2025 Consequently, I.A.Nos.1/2025 and 2/2025 does not survive for consideration and the same are dismissed. Sd/- (PRADEEP SINGH YERUR) JUDGE NBM List No.: 1 Sl No.: 53