- 1 - HC-KAR NC: 2025:KHC:29904 WP No. 19723 of 2025 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. 19723 OF 2025 (GM-CPC) BETWEEN: 1. SMT. SUSHEELAMMA W/O LATE THIMMEGOWDA AND D/O LATE. HANUMEGOWDA AGED ABOUT 60 YEARS R/AT DARASAGUPPE VILLAGE K. SHEETY HALLY HOBALI SRIRANGAPATTANA TALUK MANDYA DISTRICT PIN NO - 571 435 …PETITIONER (BY SRI. MUDDURAJA N., ADVOCATE) AND: 1. CHANDREGOWDA S/O LATE HANUMEGOWDA AGED ABOUT 64 YEARS HIROD BEEDI PANDAVAPURA TOWN PANDAVAPURA TALUK MANDYA DITSRICT PIN NO – 571 426 2. THE CHIEF OFFICER PANDAVAPURA PATTANA PANCHAYATHI PANDAVAPURA TOWN MANDYA DISTRICT-571434 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29904 WP No. 19723 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER OFFICE OF THE ASSISTANT COMMISSIONER PANDAVAPURA TOWN PIN – 571 434 4. THE CHIEF SECRETARY GOVT OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING BANGALORE – 560 001 5. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401 6. THE EXECUTIVE ENGINEER KARNATAKA WATER SUPPLY AND DRAINAGE BOARD MANDYA DIVISION BANDIGOWDA LAYOUT MANDYA TOWN PIN 571 401 7. CHIEF ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD JALABHAVANA 6, 1ST STAGE, 1ST PHASE BTM LAYOUT BANNERUGHATTA ROAD BANGALORE PIN - 560 076 …RESPONDENTS (BY SRI. P. MAHESHA, ADVOCATE FOR C/R1 SRI. G.M. ANANDA, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:29904 WP No. 19723 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA ON I.A NO-6 FILED BY THE PETITIONER UNDER ORDER 21 RULE 52 OF CPC IN EX 28/2021 AND ALLOW THE SAME WHICH IS MARKED AS ANNEXURE-N AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayer: “a) Issue appropriate writ or order and set aside the order passed by the Senior civil Judge and JMFC, Pandavapura on I.A.no.6 filed by the petitioner Under Order 21 Rule 52 of CPC in EX.28/2021 and allow the same which is marked as ANNEXURE-N. b) Issue appropriate writ or order and set aside the order passed by the Senior civil Judge and JMFC, Pandavapura on I.A.no.7 filed by the petitioner Under Order 1 Rule 10 of CPC in EX.28/2021 and allow the same which is marked as ANNEXURE-N1 by issuing writ of certiorari and allow the writ petition. - 4 - HC-KAR NC: 2025:KHC:29904 WP No. 19723 of 2025 c) Pass any such order as this Hon'ble court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity. d) Award cost in favour of the petitioner in the interest of justice and equity.” 2. Heard Sri Mudduraja N, learned counsel appearing for petitioner, Sri P Mahesha, learned counsel appearing for caveator/respondent No.1 and Sri G M Ananda, learned counsel appearing for respondent No.2. 3. Learned counsel for respondents submits that the execution petition in Execution No.28 of 2021 has stood dismissed as on today. 4. Learned counsel for petitioner submits that the dismissal is for its non-prosecution and would take steps to get the order recalled. In the light of the execution petition itself being disposed, the present petition challenging the interlocutory orders in the execution petition, which as on today has no life, would be rendered infructuous. - 5 - HC-KAR NC: 2025:KHC:29904 WP No. 19723 of 2025 5. For the aforesaid reasons, the petition stands disposed, reserving liberty to the petitioner to seek its revival, once the execution petition gets revived, in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 57