- 1 - NC: 2025:KHC-K:1387 WP No. 200648 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.200648 OF 2022 (GM-CPC) BETWEEN: JAKKAWWA @ RATNABAI W/O MALLESHI AGASAR, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O DEVAR NIMBARGI, TQ: INDI, DIST: VIJAYAPURA-586101. …PETITIONER (BY SRI MANVENDRA REDDY, ADVOCATE) AND: MAHADEVI W/O BABU TADALAGI, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O DEVAR NIMBARGI, TQ: INDI, DIST: VIJAYAPURA- 586101. …RESPONDENT (BY SRI VINAYAK APTE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PLEASED TO, ISSUE A WRIT IN THE NATURE OF THE CERTIORARI AND TO SET ASIDE THE COMMON ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, INDI ON IA NOS.I AND II OF THE TRIAL COURT DATED 06.09.2018 IN OS NO.43/2018 VIDE ANNEXURE- H AND ALSO TO SET ASIDE THE COMMON ORDER OF THE 1ST APPELLATE COURT DATED 06.01.2022 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, VIJAYAPUR IN MA NOS.53/2018 AND 54/2018 Digitally signed by RENUKA Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1387 WP No. 200648 of 2022 VIDE ANNEXURE - J AND ALLOW IA NO.I FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 CPC AND CONSEQUENTLY DISMISS THE I.A. NO.II FILED BY THE RESPONDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER (PER: HON'BLE MR. JUSTICE R.NATARAJ) Learned counsel for the petitioner submits that the suit from which the present writ petition arises for consideration was dismissed for non-prosecution and therefore this petition has become infructuous. His submission is noted and the writ petition is dismissed as having become infructuous. It is open for the petitioner to challenge the impugned order in the event the suit is restored. Sd/- (R.NATARAJ) JUDGE RSP List No.: 1 Sl No.: 43