- 1 - HC-KAR NC: 2025:KHC:29692 WP No. 4514 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4514 OF 2023 (GM-CPC) BETWEEN: MR. NAYIMULLA KHAN, AGED ABOUT 67 YEARS, S/O LATE MOHIDDIN KHAN, R/O OLD CINEMA ROAD, HILUVALLI VILLAGE, NARASIMHARAJAPURA TALUK, CHIKMAGALUR – 577 134. [BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED]. …PETITIONER (BY SRI. NATARAJA BALLAL, ADVOCATE) AND: 1. MR. JAFAR KHAN, AGED ABOUT 60 YEARS, S/O LATE MOHIDDIN KHAN, R/O C/O VENKATESHWARA RICE MILL, NEAR BUS STAND, JAYAPURA TOWN AND POST, MEGUNDA HOBLI, KOPPA TALUK, CHIKMAGALUR – 577 123, [BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED]. SINCE DECEASED BY HIS L.RS 1(a) SMT. DILSHAD, AGED ABOUT 57 YEARS, W/O LATE JAFAR KHAN, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29692 WP No. 4514 of 2023 1(b) SMT. TABASUM, D/O LATE JAFAR KHAN, AGED ABOUT 28 YEARS, BOTH ARE R/O BANTENAHALLI, KASABA HOBLI, BELURU TALUK-573115, HASSAN DISTRICT. …RESPONDENTS (BY SRI. D.G. CHINNAPPA GOWDA, ADVOCATE FOR RESPONDENT NO.1(a) AND 1(b)) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS, QUASH THE ORDER DT 10.11.2022 PASSED IN I.A. NO. 12 FILED UNDER ORDER XXVI RULE 10 R/W 151 OF CODE OF CIVIL PROCEDURE BY THE PETITIONER IN O.S.NO. 55/2017 ON THE FILE OF CIVIL JUDGE AND J.M.F.C AT NARASIMHARAJAPURA, CHIKMAGALURU (ANNEXURE-A) AND ALLOW THE APPLICATION (ANNEXURE-D) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petition challenges an order of rejection of the DNA test of the plaintiff. The plaintiff is said to have died during the subsistence of the subject petition. In that light, the prayer that was sought in the application that is rejected by the concerned Court i.e., in I.A.No.12 would not survive for consideration. - 3 - HC-KAR NC: 2025:KHC:29692 WP No. 4514 of 2023 2. With the aforesaid observation, petition is disposed as having become infructuous. All liberty is reserved to the petitioner to take steps in accordance with law, if needed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 6