- 1 - HC-KAR NC: 2025:KHC:26269 WP No. 29750 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 29750 OF 2017 (GM-CPC) BETWEEN: 1. DR H M VASANTHMOHAN SHETTY S/O LATE MUDDANNA SHETTY, AGED ABOUT 68 YEARS. 2. H. ASHOK MOHAN SHETTY S/O LATE MUDDANNA SHETTY, AGED ABOUT 66 YEARS. 3. H. CHANDRA MOHAN SHETTY S/O LATE MUDDANNA SHETTY, AGED ABOUT 63 YEARS. ALL ARE PETMANENT RESIDENT OF PALAJE HOUSE, PERDURU VILLAGE AND POST, UDUPI TALUK AND DISTRICT PIN CODE 576124. NOTE: PETITIONERS NOT CLAIMING SENIOR CITIZEN BENEFIT. …PETITIONERS (BY SRI. RANJAN KUMAR K.,ADVOCATE) AND: SMT. SUMAVATHI HEGGEDATHI. SINCE DEAD REPRESENT ED BY HERS LR'S SMT. VINITHA B SHETTY. D/O LATE SURANNA SHETTY, AGED ABOUT 55 YEARS. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:26269 WP No. 29750 of 2017 2. SMT. MADHUBALA K SHETTY, D/O LATE SURANNA SHETTY, AGED ABOUT 53 YEARS. 3. SRI. A. PADAVIDHARA HEDGE, S/O LATE SURANNA SHETTY, AGED ABOUT 51 YEARS. ALL ARE RESIDING AT GURUPRASAD NILAYA, HIRIYADKA POST, UDUPI TALUK AND DISTRICT PIN CODE-576 113. 4. SYNDICATE BANK PERDOOR BRANCH, REP. BY ITS BRANCHMANGER UDUPI TALUK AND DISTRICT. PIN CODE 576 124. …RESPONDENTS (BY SRI. AJITH ANAND SHETTY.,ADVOCATE FOR R1 TO R3; SRI. B.C. THIRUVENGADAM., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DTD.13.12.2016 PASSED BY COURT OF ADDL. SENIOR CIVIL JUDGE AT UDUPI IN MIS.NO.10/2004 VIDE ANNEX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THER-EIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:26269 WP No. 29750 of 2017 ORAL ORDER In this writ petition, petitioners are seeking for the following relief: "a. Issue writ in the nature of Certiorari or any other appropriate writ, order or direction to quash or set aside the order dated 13.12.2016 passed by Court of Addl. Senior Civil Judge at Udupi in Mis.No.10/2004 vide Annexure-A and; b. Issue writ in the nature of Certiorari or any other appropriate writ, order or direction to quash all the consequential proceedings initiated in Mis.No.59/1995 pending on the file of Senior Civil Judge, Udupi, subsequent to its restoration vide Annexure-B. c. Grant such other relief that this Hon'ble Court ma deem fit in the facts and circumstances of the matter." 2. Learned counsel appearing for petitioners has urged various contentions with regard to allowing Mis.No.10/2004 and consequently, restoring Mis.No.59/1995. 3. At this stage, Sri. Ajith Anand Shetty, learned counsel appearing for respondent Nos.1 to 3 submits that the present - 4 - HC-KAR NC: 2025:KHC:26269 WP No. 29750 of 2017 writ petition would not survive for consideration in view of disposal of the Mis.59/1995 by the learned Additional Senior Civil Judge and CJM, Udupi vide order dated 01.09.2018. 4. I have perused the order dated 01.09.2018, which reads as under: "I.A.No.XI filed by the respondent No.2 under Section 151 of CPC, is hereby dismissed. The counter filed by the respondent No.2 to the delivery warrant is also dismissed. The petitioners have given delivery receipt, wherein they have stated that they have taken up the delivery of the immovable properties stated in the petition and closure of the case. In view of the same, this Court has accepted the report of the Bailiff and receipt of the petitioner. By this the purpose of filing this petition is served. Accordingly, case is disposed off." 5. The aforesaid order makes it clear that petitioners have given delivery receipt, which indicates that they have delivered the immovable properties stated in the petition and recording the same, Mis.No.59/1995 was disposed off. - 5 - HC-KAR NC: 2025:KHC:26269 WP No. 29750 of 2017 6. In view of the aforesaid order, the writ petition would not survive for consideration. Accordingly, writ petition is disposed off. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PHM List No.: 1 Sl No.: 3