- 1 - HC-KAR CNR: KAHC010409272023 NC: 2026:KHC:46792 WP No. 17558 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17558 OF 2023 (GM-CPC) BETWEEN: 1. SRI. V. C. CHELUVAIAH @ GUNDAIAH, S/O LATE CHELUVAIAH, AGED ABOUT 73 YEARS, RESIDING AT VALAGEREPURA VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT PIN CODE - 572 111 … PETITIONER (BY SRI. SIDDAMALLAPPA P M., ADVOCATE) AND: 1. V.C. DASAPPA S/O LATE CHELUVAIAH, AGED ABOUT 62 YEARS, R/O VALAGEREPURA VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK - 572 111 2. NARASIGOWDA S/O LATE CHELUVAIAH, AGED ABOUT 55 YEARS, R/AT 219, 4TH MAIN ROAD, RAILWAY LAYOUT, RAMAKRISHNAGARA, BENGALURU - 562 123. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010409272023 NC: 2026:KHC:46792 WP No. 17558 of 2023 3. JAYALAKSHMAMMA @ THAYAMMA S/O LATE CHELUVAIAH, W/O CHANDRAIAH, AGED ABOUT 58 YEARS, R/O VALAGEREPURA VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK - 572 111 4. YASHODAMMA D/O LATE. CHELUVAIAH, W/O RAMAKRISHNAPPA, AGED ABOUT 51 YEARS, R/O SHETTIPURA VILLAGE, HALAGERE POST, AMRUTHUR HOBLI, KUNIGAL TALUK - 572 111 5. KEMPAMMA W/O. V.C. CHELUVAIAH @ GUNDAIAH. AGED ABOUT 58 YEARS, R/O VALAGEREPURA VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK - 572 111 6. SMT BHOJAMMA W/O V.C. DASAPPA AGED ABOUT 55 YEARS, RESIDING AT VALAGEREPURA VILLAGE,, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT PIN CODE - 572 111 … RESPONDENTS (BY SRI. NAGARAJAPPA A., ADVOCATE FOR R1; V/O DATED 07.01.2025, NOTICE TO R2 TO R5 ARE DISPENSED WITH) - 3 - HC-KAR CNR: KAHC010409272023 NC: 2026:KHC:46792 WP No. 17558 of 2023 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ORDER TO SET ASIDE THE INTERLOCUTORY APPLICATION FILED UNDER ORDER 1 RULE 10 CPC AS PER ANNEXURE-C DATED 14/07/2023 R.A. NO.233/2020 AND II ADDL. DISTRICT AND SESSIONS JUDGE, TUMKUR AND FURTHER ORDER TO ALLOW THE APPLICATION FOR IMPLEADING AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present writ petition has been filed seeking to assail the order passed under Order 1 Rule 10 of CPC, passed in regular appeal proceedings i.e., R.A.No.233/2020. 2. The First Appellate Court had rejected the application for impleading in R.A.No.233/2020. 3. It is submitted that R.A.No.233/2020 has been disposed of and a memo is filed to that effect. In light of the memo, the proceedings are rendered as infructuous. - 4 - HC-KAR CNR: KAHC010409272023 NC: 2026:KHC:46792 WP No. 17558 of 2023 4. Accordingly, the petition is dismissed as having become infructuous. However, all contentions of the parties including the impleading applicants are kept open. SD/- (S SUNIL DUTT YADAV) JUDGE NP