- 1 - HC-KAR NC: 2026:KHC:30093 WP No. 11051 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 11051 OF 2022 (GM-CPC) BETWEEN: SHRI. N.M. ANANDA S/O LATE N.T. MANDANNA R/AT HOUSE NO.10, KRISHNA LANE KANNADABANE, MADAKERI TOWN AND POST MADAKERI TALUK, KODAGU DISTRICT - 571 201 …PETITIONER (BY SRI. SACHIN K. NAIK, ADVOCATE FOR SRI. RAJASHEKAR S., ADVOCATE) AND: 1. SMT M PARVATHAMMA W/O LATE .S.A MALLAPPA R/AT 1ST BLOCK, KUSHALANAGARA TOWN, AND POST SOMVARAPETE TALUK KODAGU DISTRICT - 571 236 2. SHRI. S.M. NATRAJA AGED ABOUT 61 YEARS S/O LATE S.A. MALLAPPA 3. SMT. JANAKI AGED ABOUT 57 YEARS W/O S.M. NATRAJA 4. SHRI. S.N ARUNKUMAR AGED ABOUT 35 YEARS S/O S.M NATARAJ Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30093 WP No. 11051 of 2022 5. SHRI. S.N. JANARADHANA AGED ABOUT 30 YEARS S/O S.M. NATRAJA RESPONDENTS NO.2 TO 5 ARE ALL RESIDING AT BACKSIDE OF AIYAPPA TEMPLE DANDINAPETE KUSHALANAGARA TOWN AND POST SOMVARAPETE TALUK KODAGU DISTRICT - 571 236 6. SMT. S.M. SAVITHRAMMA D/O LATE S.A. MALLAPPA W/O KRISHNA AGED ABOUT 63 YEARS HITNALLI POST, PERIYAPATNA TALUK MYSURU DISTRICT - 571 107 7. SMT. M. YASHODAMMA D/O LATE S.A. MALLAPPA W/O K. ANNAJI KERALAPURA VILLAGE AND POST, ARAKALAGOOD TALUK HASSAN DISTRICT - 573 102 8. MUKHYADHIKARI (CHIEF OFFICER ) PATTANA PANCHAYATH KUSHALNAGARA KUSHALNAGARA POST, SOMAVARPETE TALUK KODAGU DISTRICT - 571 236 …RESPONDENTS (BY SRI. B.N. PRAKASH, ADVOCATE FOR R2, R3, R4 AND R5 SRI. SHIVA PRASAD E., ADVOCATE FOR R7 VIDE ORDER DATED 01.12.2025 NOTICE ON R1 IS HELD SUFFICIENT - 3 - HC-KAR NC: 2026:KHC:30093 WP No. 11051 of 2022 R8 - MUKHYADHIKARI (CHIEF OFFICER), PATTANA PANCHAYAT, KUSHALANAGAR - SERVED & UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 19.04.2022 PASSED IN M.A.2/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SOMWARPET AND CONSEQUENTLY SET ASIDE THE ORDER DATED 19.08.2020 PASSED ON I.A.NO.2 FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF CPC IN O.S.NO.73/2019 ON THE FILE OF CIVIL JUDGE AND JMFC AT KUSHALNAGAR VIDE ANNX-A AND B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioner has filed a memo which reads as under: "That the present petition is fled, seeking to quash the order dated 19.04.2022 passed in M.A.2/2020 on the file of the Senior Civil Judge and JMFC, Somwarpet and consequently set aside the order dated 19.08.2020 passed on I.A.No.2 filed by the petitioner under Order XXXIX Rules 1 & 2 r/w Section 151 of CPC in O.S.No.73/2019 on the file of - 4 - HC-KAR NC: 2026:KHC:30093 WP No. 11051 of 2022 Civil Judge & JMFC at Kushalnagar vide Annexures-A and B. During the pendency of the above case, the suit in O.S.No.73/2019 on the file of Civil Judge & JMFC at Kushalnagar, came to be dismissed for non- prosecution on 15.06.2026. Copy of the order dated 15.06.2026 is produced herewith and same is marked as ANNEXURE-A. In that view dismissal of main suit, nothing survives in the present petition as such the above petition has become infructuous. Hence, the present petition may kindly be disposed off for having become infructuous reserving liberty to the petitioner seek revival of the present petition in the event the main suit in O.S.No.73/2019 is restored or revived by the trial Court, in the interest of justice and equity." In view of the aforesaid memo, the writ petition is dismissed as having become infructuous, reserving liberty as sought in the memo. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 12