- 1 - HC-KAR NC: 2026:KHC:31523 WP No. 3255 of 2021 C/W WP No. 3301 of 2021 WP No. 3307 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 3255 OF 2021 (GM-CPC) C/W WRIT PETITION NO. 3301 OF 2021 (GM-CPC) WRIT PETITION NO. 3307 OF 2021 (GM-CPC) IN WP No. 3255/2021 BETWEEN: SRI. K. E. MATHEW S/O K. M. EAPHEN, AGED ABOUT 50 YEARS, R/AT GRACE VILLA GOWLI STREET, MADIKERI TOWN, KODAGU DISTRICT - 571 201 …PETITIONER (BY SRI. BHARGAV G., ADVOCATE) AND: 1. SRI. SUNIL JOSEPH T. K. S/O LATE T P KURUVILLA, AGED ABOUT 44 YEARS, R/O PULIYERI VILLAGE, POST VIRAJPETE TALUK, KODAGU DISTRICT - 571 218 2. MELVIN DENIS SATHYAVRUTHA S/O LATE ANSLEM AMBROSE SATHYAVRUTHA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31523 WP No. 3255 of 2021 C/W WP No. 3301 of 2021 WP No. 3307 of 2021 AGED ABOUT 66 YEARS, R/O MEKOORU VILLAGE, POLLIBETTA VIRAJPETE TALUK, KODAGU DISTRICT - 571 201 3. THE SENIOR SUB REGISTRAR SUB REGISTRAR OFFICE MADIKERI - 571 201 4. THE COMMISSIONER THE CITY MUNICIPAL COUNCIL MADIKERI KODAGU - 571 201 …RESPONDENTS (BY SRI. T.A. KARUMBAIAH, ADVOCATE FOR R1 SRI. CHANNAPPA ERAPPA, HCGP FOR R3 R2 AND R4 ARE SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, SET ASIDE THE IMPUGNED JUDGEMENT ANNEXURE-J DATED 23.10.2020 PASSED BY THE SENIOR CIVIL JUDGE MADIKERI VIDE MISC APPEAL NO.03/2020 CONSEQUENTLY DISMISSED WITH APPEAL FILED BY THE D-1 VIDE MISC APPEAL NO.03/2020 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE MADIKERI. IN WP NO. 3301/2021 BETWEEN: 1. SRI. K. E. MATHEW - 3 - HC-KAR NC: 2026:KHC:31523 WP No. 3255 of 2021 C/W WP No. 3301 of 2021 WP No. 3307 of 2021 S/O K M EAPHEN, AGED ABOUT 50 YEARS, R/AT GRACE VILLA GOWLI STREET, MADIKERI TOWN, KODAGU DISTRICT - 571 201 ...PETITIONER (BY SRI. BHARGAV G., ADVOCATE) AND: 1. SRI. C. T. JOSEPH S/O C J THOMAS, AGED ABOUT 65 YEARS, R/O DOOR NO 13/57, GOWLI STREET, MADIKERI TOWN, KODAGU DISTRICT - 571 201 2. SRI. MELVIN DENIS SATHYAVRUTHA S/O LATE ANSLEM AMBROSE SATHYAVRUTHA, AGED ABOUT 66 YEARS, R/O MEKOORU VILLAGE, POLLIBETTA VIRAJPETE TALUK, KODAGU DISTRICT - 571 201 3. THE SENIOR SUB-REGISTRAR SUB-REGISTRAR OFFICE MADIKERI - 571 201 4. THE COMMISSIONER THE CITY MUNICIPAL COUNCIL, MADIKERI-KODAGU - 571 201 ...RESPONDENTS (BY SRI. T.A. KARUMBAIAH, ADVOCATE FOR R1 SRI. CHANNAPPA ERAPPA, HCGP FOR R3 - 4 - HC-KAR NC: 2026:KHC:31523 WP No. 3255 of 2021 C/W WP No. 3301 of 2021 WP No. 3307 of 2021 R2 AND R4 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS, SET ASIDE THE IMPUGNED JUDGEMENT ANNEXURE-J DATED 23.10.2020 PASSED BY THE SENIOR CIVIL JUDGE, MADIKERI VIDE MISC. APPEAL NO.01/2020, CONSEQUENTLY DISMISSED THE APPEAL FILED BY THE 1ST DEFENDANT VIDE MISC. APPEAL NO.01/2020 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI. IN WP NO. 3307/2021 BETWEEN: SRI. K. E. MATHEW S/O K M EAPHEN, AGED ABOUT 50 YEARS, R/AT GRACE VILLA GOWLI STREET, MADIKERI TOWN, KODAGU DISTRICT - 571 201 ...PETITIONER (BY SRI. BHARGAV G., ADVOCATE) AND: 1. SRI. ANOOP THOMAS S/O LATE C.T. JOSEPH, AGED ABOUT 66 YEARS, R/O PULIYERI VILLAGE, POST, VIRAJPETE TALUK, KODAGU DISTRICT - 571 201 2. MELVIN DENIS SATHYAVRUTHA S/O LATE ANSLEM AMBROSE SATHYAVRUTHA, - 5 - HC-KAR NC: 2026:KHC:31523 WP No. 3255 of 2021 C/W WP No. 3301 of 2021 WP No. 3307 of 2021 AGED ABOUT 66 YEARS, R/O MEKOORU VILLAGE, POLLIBETTA VIRAJPETE TALUK, KODAGU DISTRICT - 571 218 3. THE SENIOR SUB REGISTRAR SUB REGISTRAR OFFICE MADIKERI - 571 201 4. THE COMMISSIONER THE CITY MUNICIPAL COUNCIL MADIKERI-KODAGU - 571 201 ...RESPONDENTS (BY SRI. T.A. KARUMBAIAH, ADVOCATE FOR R1 SRI. CHANNAPPA ERAPPA, HCGP FOR R3 R2 AND R4 ARE SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSITTUTION OF INDIA PRAYING TO-CALL FOR RECORDS, SET ASIDE THE IMPUGNED JUDGEMENT VIDE ANNX-J DATED 23.10.2020 PASSED BY THE SENIOR CIVIL JUDGE, MADIKEI VIDE MISC APPEAL NO.02/2020, CONSEQUENTLY DISMISSED THE APPEAL FILED BY THE 1ST DEFENDANT VIDE MISC. APPEAL NO.02/2020 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE,MADIKERI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 6 - HC-KAR NC: 2026:KHC:31523 WP No. 3255 of 2021 C/W WP No. 3301 of 2021 WP No. 3307 of 2021 ORAL ORDER Sri. T. A. Karumbaiah, learned counsel for respondent No.1 has filed memos, which reads as under: i) IN W.P.No.3255/2021: "The petitioner has filed O.S.No.148/19 before the Civil Judge Madikeri against the respondents. As per the order dated 2.8.2021 passed by this Hon'ble Court in W.P.Nos.5288/2021, 2592/2021, 5296/2021 and 5301/2021 all the original suits filed by the petitioner in O.S.Nos.144/19, 145/19, 146/19 and 148/19 were numbered as O.S.Nos.2/21, 3/21, 4/21 and 5/21 before the Principal District and Sessions Judge, Madikeri, those suits were dismissed by the Principal District and Sessions Judge, Kodagu at Madikeri by a common judgment and decree dated 29.7.2024. Therefore the present writ petition does not survive for consideration. Hence it may be dismissed as in fructuous in the interest of justice and equity" ii) IN W.P.No.3301/2021: "The petitioner has filed O.S.No.144/2019 before the Civil Judge, Madikeri against the respondents. As per the order dated 2.8.2021 passed by this Hon'ble Court in W.P.Nos.5288/2021, 2592/2021, 5296/2021 and 5301/2021 all the original suits filed by the petitioner in O.S.Nos.144/19, 145/19, 146/19 and 148/19 were numbered as O.S.Nos.2/21, 3/21, 4/21 and 5/21 before the Principal District and Sessions Judge, Madikeri, those suits were dismissed by the Principal District and Sessions Judge, Kodagu at Madikeri by a - 7 - HC-KAR NC: 2026:KHC:31523 WP No. 3255 of 2021 C/W WP No. 3301 of 2021 WP No. 3307 of 2021 common judgment and decree dated 29.7.2024. Therefore the present writ petition does not survive for consideration. Hence it may be dismissed as in fructuous in the interest of justice and equity" iii) IN W.P.No.3307/2021: "The petitioner has filed O.S.No.146/2019 before the Civil Judge, Madikeri against the respondents. As per the order dated 2.8.2021 passed by this Hon'ble Court in W.P.Nos.5288/2021, 2592/2021, 5296/2021 and 5301/2021 all the original suits filed by the petitioner in O.S.Nos.144/19, 145/19, 146/19 and 148/19 were numbered as O.S.Nos.2/21, 3/21, 4/21 and 5/21 before the Principal District and Sessions Judge, Madikeri, those suits were dismissed by the Principal District and Sessions Judge, Kodagu at Madikeri by a common judgment and decree dated 29.7.2024. Therefore the present writ petition does not survive for consideration. Hence it may be dismissed as in fructuous in the interest of justice and equity" In view of the aforesaid memos, the writ petitions have rendered infructuous. Accordingly, the same are dismissed as having become infructuous. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 11