- 1 - HC-KAR NC: 2025:KHC:43865 WP No. 35580 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 35580 OF 2019 (GM-CPC) BETWEEN: SMT. SOWMYA LATHA W/O DURGAPRASAD AGEDA BOUT 39 YEARS R/AT NO.175/2, NEW NO.7 RAGHAVENDRA NAGAR MYSURU AND ALSO RESIDING R/AT NO.1594, KYATHAMARANAHALLI NAZARABAD MOHALLA MYSURU - 570 001. …PETITIONER (BY SRI R.S. RAVI, SR. COUNSEL FOR SRI NARENDRA D.V. GOWDA, ADV.) AND: 1. SRI V. SREEPRASAD S/O T. VENKATARAMANA AGEDA BOUT 47 YEARS AT NO.284, GAYATRIPURAM II STAGE BEHIND HULIYAMMA BAR MYSURU - 570 001. 2. SMT. A.M. TARA W/O MONAPPA AGED ABOUT 57 YEARS VIDYA NAGAR, OPP. CLEANWELL SERVICE STATION GONIKOPPA ROAD VIRAJPET TQ. KODAGU DISTRICT - 570 004. …RESPONDENTS (SERVED - UNREPRESENTED) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43865 WP No. 35580 of 2019 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 28.03.2019 MADE IN I.A .NO.24 IN O.S. NO.165.2012 ON THE FILE OF THE PRINCIPAL FIRST CIVIL JUDGE AND JMFC, MYSURU VIDE ANNX.E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India, is filed by the plaintiff, with a prayer to set aside the order dated 28.03.2019 passed on IA no.24 in O.S.No.165/2022 by the Court of Principal I Civil Judge & JMFC, Mysuru. 2. Learned Senior Counsel appearing for the petitioner after arguing the matter for sometime submits, that this petition may be dismissed as not pressed with liberty to the petitioner to initiate appropriate proceedings against the respondents either to recover the money paid under the mortgage deed dated 18.01.2010 or to redeem the said mortgage before the appropriate forum. 3. The aforesaid submission is placed on record. Writ petition is dismissed as not pressed, with liberty as prayed for. - 3 - HC-KAR NC: 2025:KHC:43865 WP No. 35580 of 2019 4. All contentions urged in this petition are kept open. Sd/- (S VISHWAJITH SHETTY) JUDGE KK