- 1 - HC-KAR NC: 2026:KHC:34990 W.P. No.6023/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.6023/2021 (GM-CPC) BETWEEN: 1(a) NARASIMHAIAH S/O LATE NANJAIAH AGED ABOUT 97 YEARS R/AT. BYCHAKUPPE VILLAGE TAVAREKRE HOBLI BANGALORE SOUTH TALUK BENGALURU DISTRICT -562130. REP. BY HIS SPECIAL G.P.A. HOLDER N. PUTTARAJU AGED ABOUT 56 YEARS R/AT BYCHAKUPPE VILLAGE TAVAREKRE HOBLI BANGALORE SOUTH TALUK BENGALURU DISTRICT -572135. SINCE DECEASED, REPRESENTED BY HIS LEGAL REPRESENTATIVES. SMT. GANGAMMA W/O LATE NARASHIMAIAH AGED ABOUT 75 YEARS R/AT. BYCHAKUPPA VILLAGE MAGADI MAIN ROAD TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE DISTRICT-562130. 1(b) N. PUTTARAJU S/O LATE NARASHIMAIAH AGED ABOUT 60 YEARS R/AT. BYCHAKUPPA VILLAGE Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34990 W.P. No.6023/2021 MAGADI MAIN ROAD TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE DISTRICT-562130. 1(c) SMT. NANJAMMA D/O LATE NARASHIMAIAH AGED ABOUT 58 YEARS R/AT. BYCHAKUPPA VILLAGE MAGADI MAIN ROAD TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE DISTRICT-562130. 1(d) SMT. RAJAMMA D/O LATE NARASHIMAIAH W/O LATE HANUMANTHAPPA AGED ABOUT 56 YEARS R/AT. REDDY KATTE CHIKKA BIDIRUKALLU NAGASANDRA POST TUMAKURU ROAD BENGALURU-560073. 1(e) NAGARAJU S/O LATE NARASHIMAIAH AGED ABOUT 50 YEARS R/AT. BYCHAKUPPA VILLAGE MAGADI MAIN ROAD TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE DISTRICT-562130. 1(f) SMT. LAKSHMIDEVAMA D/O LATE NARASHIMAIAH W/O LINGARAJU R/AT. REDDY KATTE CHIKKA BIDIRUKALLU NAGASANDRA POST TUMAKURU ROAD, BENGALURU-560073. …PETITIONERS - 3 - HC-KAR NC: 2026:KHC:34990 W.P. No.6023/2021 (BY SRI. G.A.K. GOWDA, ADV., FOR LR’S OF DECEASED PETITIONER) AND: 1. B.M. NANJEGOWDA S/O LATE MUNINANJAIAH AGED ABOUT 69 YEARS R/AT BYCHAKUPPE VILLAGE TAVAREKRE HOBLI BANGALORE SOUTH TALUK BENGALURU DISTRICT – 562130. …RESPONDENT (BY SRI. NAGARAJA N, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER VIDE ANNX-E DTD 16.03.2021 PASSED BY THE LEARNED CIVIL JUDGE (JUNIOR DIVISION) IN OS NO.155/2010 ON IA NO.9 FILED UNDER ORDER VIII RULE 1(A) READ WITH SECTION 151 OF CPC FOR PRODUCTION OF DOCUMENTS, IA NO.10 FILED UNDER ORDER XVIII RULE 17 READ WITH SECTION 151 OF CPC FOR RECALLING DW-1 AND IA NO.11 FILED UNDER SECTION 151 OF CPC TO RE-OPEN THE CASE OF DEFENDANTS SIDE TO LEAD FURTHER EVIDENCE AND ALLOW THE SAID IA NO.9, 10 AND 11 AS PRAYED FOR THEREIN & 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 Learned counsel for the respondent has filed a memo which reads as under: - 4 - HC-KAR NC: 2026:KHC:34990 W.P. No.6023/2021 “The writ petitioner Narasimhaiah died on 18.11.2022. He is the sole defendant in O.S.No.155/2010 on the file of the 2nd Addl. Civil Judge, Magadi filed by respondent/plaintiff in the above writ petition. The respondent/plaintiff, who is plaintiff in O.S.No.155/2010 on the file of the 2nd Addl. Civil Judge, Magadi has already filed Memo before the Trial Court for dismissal of suit on the ground that the cause of action does not survive as against the sole defendant/petitioner and the said Memo is under consideration. Therefore the above writ petition WP.No.6023/2023 filed by the writ petitioner also does not survive in view of the Memo filed by the plaintiff/respondent for the dismissal above suit. Wherefore the respondent/plaintiff prays that the above writ petition WP.No.6023/2023 may be dismissed as infructuous.” 2. In view of the aforesaid memo, this writ petition does not survive for consideration. Accordingly, the writ petition is dismissed as having become infructuous. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 25