- 1 - HC-KAR NC: 2026:KHC:29557 W.P. No.4673/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4673/2022 (GM-CPC) BETWEEN: 1. MRS. RUTHMERCY BARNES AGED ABOUT 41 YEARS D/O NORA PRABHAVATHI BARNES. 2. MRS. NORA PRABHAVATHI BARNES AGED ABOUT 72 YEARS W/O LATE GREGORY VINCENT BARNES. BOTH ARE R/AT ROBY'S COMPOUND STATE SEED, FARN ROAD BRAHMAVAR-576213 UDUPI TALUK AND DIST. …PETITIONERS (BY SRI. VEERESH M. UPPIN, ADV., FOR SRI. CHANDRANATH ARIGA K, ADV.,) AND: MRS. DELIA VAS AGED ABOUT 25 YEARS D/O LILLY NAVEEN VAS W/O JOKSON R/AT INCILIA HOUSE KUNCHIKERE-576226 PANDESHWARA VILLAGE AND POST UDUPI TALUK AND DIST. …RESPONDENT (BY SRI. RAJESH SHETTIGAR, ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29557 W.P. No.4673/2022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 28.01.2022 PASSED IN O.S.NO.66/2018 ON I.A. NO.VII BY THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT UDUPI (ANNX-F). REJECT THE APPLICATION NO.VII IN O.S.NO.66/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, AT UDUPI & 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 This writ petition is filed challenging the order dated 28.01.2022 passed on IA.No.7 filed by the respondent/plaintiff under Order XI Rule 14 r/w Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') in OS.No.66/2018 by the Principal Senior Civil Judge and CJM, Udupi (for short ‘the trial Court’). 2. It is submitted that the suit in OS.No.66/2018 has been partly decreed on 16.04.2024. In view of the suit being decreed, this writ petition has become infructuous. It is further submitted that the judgment and decree of - 3 - HC-KAR NC: 2026:KHC:29557 W.P. No.4673/2022 the trial Court have been assailed before the Appellate Court. 3. In view of the aforesaid submission, the writ petition is dismissed as having become infructuous. 4. It is open for the petitioners to raise the grounds with regard to the impugned order in the appeal in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 26