- 1 - HC-KAR CNR: KAHC010107632023 NC: 2026:KHC:47244 W.P. No.4790/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4790/2023 (GM-CPC) BETWEEN: 1. SRI. VENKATESHAPPA SON OF LATE KRISHNAPPA AGED ABOUT 53 YEARS RESIDING AT KODIHALLI LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT-563160. 2. SRI. K.V. MURALI SON OF LATE VENKATESHAPPA AGED ABOUT 27 YEARS RESIDING AT KODIHALLI LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT-563160. 3. SMT. SHILPA DAUGHTER OF VENKATESHAPPA AGED ABOUT 26 YEARS RESIDING AT KODIHALLI LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT-563160. 4. SRI. K.V. NAVEEN KUMAR SON OF VENKATESHAPPA AGED ABOUT 47 YEARS RESIDING AT KODIHALLI LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT-563160. …PETITIONERS (BY SRI. SUNIL T, ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010107632023 NC: 2026:KHC:47244 W.P. No.4790/2023 AND: SRI. M. RAMESH SON OF MUNIYAPPA AGED ABOUT 42 YEARS RESIDING AT JAYAMANGALA LAKKUR HOBLI, MALUR TALUK KOLAR DISTRICT-563160. …RESPONDENT (BY SRI. R.P. SOMASHEKHARAIAH, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN M.A.NO.34/2022 DT 16.11.2022 FILED UNDER ORDER 43 RULE 1(R) OF C.P.C ON THE FILE OF II ND ADDL. DIST. AND SESSIONS JUDGE, KOLAR, KOLAR DIST. AT ANNX-J AND TO GRANT SUCH OTHER RELIEF OR RELIEFS AS SITUATION DEMANDS TO MEET THE ENDS OF JUSTICE AND EQUITY. 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 16.11.20022 passed in M.A.No.34/2022 by the II Additional District and Sessions Judge, Kolar (for short, ‘the Appellate Court’). - 3 - HC-KAR CNR: KAHC010107632023 NC: 2026:KHC:47244 W.P. No.4790/2023 2. Sri.R.P.Somashekariah, learned counsel appearing for the respondent submits that the petitioners had filed an application seeking to stay the execution proceedings and the said application was numbered as Misc.No.30/2021 which was dismissed. The said order was challenged before the Appellate Court in M.A.No.34/2022 and the appeal came to be dismissed which is under challenge. It is submitted that the execution proceedings in Ex.Case No.2/2019 is closed on 12.07.2022. 3. In view of the aforesaid submission, this writ petition does not survive for consideration. Accordingly, the same is dismissed as having become infructuous. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 38