- 1 - HC-KAR NC: 2026:KHC:35619 WP No. 31584 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31584 OF 2025 (GM-CPC) BETWEEN: 1. M K VARGHESE S/O M A KURIYAKOSE AGE BOUT 70 YEARS KUNUJA SHEDIGARU VILLAGE N R PURA TALUK CHIKMAGALURU DIST - 577 134 2. M V ELDHOSE S/O M K VARGHESE AGED ABOUT 38 YEARS KUNUJA, SHEDIGARU VILLAGE NR PURA TALUK CHIKMAGALUR DIST - 577 134 …PETITIONERS (BY SRI. GIREESHA KODGI, ADVOCATE) AND: H P THIMMAPPA S/O PUTTE GOWDA AGE ABOUT 58 YEARS KUNUJA SHEDIGARU VILLAGE N.R. PURA TALUK CHIKAMAGALUR DISTRICT - 577 134 …RESPONDENT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35619 WP No. 31584 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 08.09.2025 PASSED ON I.A NO. 6 FILED UNDER ORDER 6 RULE 17 OF C.P.C IN OS NO. 39/2017 BY THE CIVIL JUDGE AND JMFC, NARASIMHARAJAPURA, CHIKMAGALUR AS PER ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The memo is filed stating that during the pendency of the present writ petition, the suit has been disposed of by the judgment and decree dated 30.10.2025. It is further stated that an appeal against the said judgment and decree has already been filed and, therefore, the present writ petition has become infructuous. Hence, the petitioners seeks permission to withdraw the writ petition, reserving liberty to raise all the contentions before the Appellate Court. 2. The memo is taken on record. - 3 - HC-KAR NC: 2026:KHC:35619 WP No. 31584 of 2025 3. Accordingly, the writ petition is dismissed as withdrawn, reserving liberty to the parties to raise all available grounds before the Appellate Court. 4. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 6