- 1 - HC-KAR NC: 2026:KHC:28563 WP No. 7620 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 7620 OF 2026 (GM-CPC) BETWEEN: SRI. KRISHNAPPA, S/O LATE CHIKKAPPAIAH, AGED ABOUT 84 YEARS, R/AT VADDARAPALYA, AVALAGURKI POST, CHIKKABALLAPUR TALUK AND DISTRICT-562 101. …PETITIONER (BY SRI. N SATISH, ADVOCATE) AND: 1. SRI. VENKATESH, S/O LATE CHIKKAPPAIAH, AGED ABOUT 51 YEARS, R/AT AJJANAGAR, BANASHANKARI III STAGE, BENGALURU - 560 085. 2. SMT. MUNIRATHNAMMA, W/O LATE MUNISHAMAIAH, AGED ABOUT 71 YEARS, R/AT VADDARAPALYA, AVALAGURKI POST, CHIKKABALLAPUR TALUK AND DISTRICT-562 101. 3. SRI. ASWATH, S/O LATE MUNISHAMAIAH AGED ABOUT 52 YEARS, R/AT VADDARAPALYA, AVALAGURKI POST, Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28563 WP No. 7620 of 2026 CHIKKABALLAPUR TALUK AND DISTRICT-562 101. 4. SMT. MANJULA, D/O LATE MUNISHAMAIAH, AGED ABOUT 49 YEARS, R/AT NO.5, 2ND CROSS, 1ST MAIN, TILAK NAGAR, JAYANAGAR, BENGALURU-560 041. 5. SMT. NAGAMANI, D/O LATE MUNISHAMAIAH, AGED ABOUT 47 YEARS, R/AT VADDARAPALYA, AVALAGURKI POST, CHIKKABALLAPUR TALUK AND DISTRICT-562 101. 6. SMT. VASANTHI, W/O K.V. RAMANANNA, D/O ANANDAMMA, AGED ABOUT 51 YEARS, R/AT NO.1322, SRI KALA KEDESHWARA NILAYA, 8TH CROSS, RAMANAHALLI LAYOUT, NEAR RAMANAHALLI POST, BENGALURU-560 073. 7. SRI. MANU V., S/O VENKATESHAPPA @ VENKATESHAPPA AND ANANDAMMA, AGED ABOUT 48 YEARS, R/AT NAGARAJA BUILDING, 1ST UPSTAIRS, PATEL KEMPAIH LAYOUT, CHOKKASANDRA, T. DASARAHALLI, BENGALURU-560 058. 8. SMT. MUNIRATHNAMMA, W/O SRIRAM, D/O CHIKKAPPAIAH, AGED ABOUT 74 YEARS, R/AT KRISHNAPPA GARDEN, TILAK NAGAR, JAYANAGAR, BENGALURU - 560 041. - 3 - HC-KAR NC: 2026:KHC:28563 WP No. 7620 of 2026 9. SRI. MUNIYAPPA, S/O BANGALORE VENKATAPPA, AGED ABOUT 84 YEARS, R/AT VADDARAPALYA, CHIKKABALLAPUR TALUK AND DISTRICT-562 101. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, TO CONSIDER AND DISPOSE OF THE PETITIONER’S APPLICATION FILED UNDER ORDER XLI RULE 5 CPC IN R.A. NO.15/2026 (ANNEXURE-D) WITHIN A TIME FRAME TO BE FIXED BY THIS HON’BLE COURT AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER 1. This petition seeks the following reliefs: (i) Issue a Writ of Mandamus directing the III Additional District & Sessions Judge, Chikkaballapura, to consider and dispose of the petitioner's application filed under Order XLI Rule 5 CPC in R.A. No.15/2026 (Annexure-D) within a time frame to be fixed by this Hon'ble Court; (ii) Pending disposal of the said application under Order XLI Rule 5 CPC, direct that further proceedings pursuant to the Final Decree dated 09.01.2026 in FDP No.5/2007 on the file of the Principal Senior Civil Judge & CJM, - 4 - HC-KAR NC: 2026:KHC:28563 WP No. 7620 of 2026 Chikkaballapur at Annexure B, including the notice dated 03/03/2026 at Annexure - F issued by the Court Commissioner, be stayed; (iii) Pass such other writ directions, declarations and orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and in the interest of justice and equity. 2. At the outset a memo has been filed duly signed by Sri.N. Satish, Advocate for the petitioner stating that, due to subsequent development, the relief sought in the above writ petition, no longer survives for consideration and it has become infructuous. 3. The Memo is accepted and the petition is dismissed as having become infrucutous. 4. A copy of this order shall be communicated to the learned trial Court concerned within a fortnight by the Registry. Sd/- (JAYANT BANERJI) JUDGE KGR List No.: 1 Sl No.: 13