- 1 - HC-KAR NC: 2025:KHC:38910 WP No. 16495 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 16495 OF 2024 (GM-CPC) BETWEEN: SRI SOMU S/O. LATE C.K. MARIGOWDA, AGED ABOUT 51 YEARS, R/AT NO.112, OLD-G, 1ST CROSS, SUGAR TOWN, MANDYA CITY, MANDYA – 571 402 …PETITIONER (BY SRI. HARIPRASAD M. B., ADVOCATE) AND: 1. SRI PARAMESHA S/O. LATE C.K. MARIGOWDA, AGED ABOUT 49 YEARS, R/O 2ND CROSS, BASAVANAGUDI, GUTTHALU, MANDYA CITY, MANDYA – 571 403 2. SMT SHIVAMMA, W/O. SRI RAJANNA, AGED ABOUT 49 YEARS, R/AT 2ND CROSS, BASAVANAGUDI, GUTTHALU, MANDYA CITY, MANDYA – 571 403 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, MANDYA IN R.A.NO.13/2022 TO CONSIDER THE STAY APPLICATION FILED Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38910 WP No. 16495 of 2024 BY THE PETITIONER VIDE ANNEXURE-D AND FORTHWITH DISPOSE THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 41, RULE 5 R/W SECTION 151 OF C.P.C., IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER The list has been revised. No one appears to press this petition. 2. This petition has been filed seeking the following relief: 1. To call for records in O.S.No.12/2018 on the file of the Learned II Additional Senior Civil Judge & JMFC at Mandya; 2. Issue a writ of mandamus or in the like nature of direction directing the Learned I Addl. District & Sessions Judge, Mandya I R.A.No.13/2022 to consider the stay application filed by the petitioner vide Annexure-D and forthwith dispose the application filed by the petitioner under Order 41, Rule 5 r/w Section 151 of C.P.C, in the interest of justice; - 3 - HC-KAR NC: 2025:KHC:38910 WP No. 16495 of 2024 3. Pass such other or further orders as this Hon’ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity. 3. The interim prayer is as follows: - 1. To pass an interim order directing the Court not to draw the final decree proceedings in F.D.P. No.09/2022 on the file of the Learned II Addl. Senior Civil Judge & JMFC., Mandya till the disposal of the Writ Petition in the interest of justice. 2. Pass such other or further orders as this Hon’ble Court may deem fit in the facts and circumstances of this case, in the interest of justice and equity. 4. It appears from the record that the instant case is being adjourned from time to time without any interim order being passed. Evidently, an application was moved before the Appellate Court seeking stay of the Final Decree Proceedings. It appears that the matter may have become infructuous. - 4 - HC-KAR NC: 2025:KHC:38910 WP No. 16495 of 2024 5. This petition is accordingly dismissed as infructuous. Sd/- (JAYANT BANERJI) JUDGE KGR List No.: 1 Sl No.: 14