- 1 - HC-KAR NC: 2026:KHC:28043 W.P. No.7556/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.7556/2022 (GM-CPC) BETWEEN: SRI. R.T. MUKUNDA S/O R.M. THIMMAIAH AGED ABOUT 60 YEARS R/AT NO.1649, EAST END ‘A’ MAIN 9TH BLOCK, JAYANAGAR BENGALURU-560 069. …PETITIONER (BY SRI. KARTHIK A, ADV., FOR SRI. T.K. RAJAGOPALA, ADV.,) AND: 1. SRI. CHANDRA K.S. S/O LATE N.B. SUNDER RAJ AGED ABOUT 42 YEARS R/AT NO.21/5 KONANAKUNTE CROSS VASANTHAPURA ROAD KANAKAPURA MAIN ROAD BENGALURU-560 062. 2. SRI. SHEKAR K.S. S/O LATE N.B. SUNDER RAJ AGED ABOUT 40 YEARS R/AT NO.21/5 KONANAKUNTE CROSS VASANTHAPURA ROAD KANAKAPURA MAIN ROAD BENGALURU-560 062. …RESPONDENTS (R1 AND R2 ARE SERVED BUT UNREPRESENTED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28043 W.P. No.7556/2022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 04.12.2019 BY THE COURT OF XLIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.44) IN O.S.NO.8633/2019 PASSED ON IA NO.1 FILED BY THE RESPONDENTS HEREIN UNDER ORDER 38 RULE 5 R/W SECTION 151 OF CPC AT ANNEX-A AND TO DISMISS IA NO.1 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER The learned counsel for the petitioner submits that this writ petition would not survive for consideration as the impugned order was recalled by the Trial Court. 2. In view of the aforesaid submission, the writ petition is dismissed as having become infructuous. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 36