- 1 - HC-KAR CNR: KAHC010408622019 NC: 2026:KHC:51384 WP No. 34024 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34024 OF 2019 (GM-CPC) BETWEEN: SRI M.N. PRIYADATTA S/O M NARAYANDAS AGED ABOUT 54 YEARS, R/AT NO.6/67 "POORNA" 47TH CROSS VIII BLOCK JAYANAGAR BANGALORE-560 082 …PETITIONER (BY SRI. K.S. RAMESH, ADVOCATE) AND: 1. SRI G.V.JAGADISHA S/O LATE VADERAIAH AGED ABOUT 26 YEARS, 2. SMT G V PUSHPALATHA D/O LATE VADERAIAH AGED ABOUT 23 YEARS, 3. SRI G V KANAKAKUMARA S/O LATE VADERAIAH AGED ABOUT 20 YEARS, 4. SRI MATAPPA S/O LATE CHIKKHEMAGIRIYAPPA AGED ABOUT 73 YEARS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010408622019 NC: 2026:KHC:51384 WP No. 34024 of 2019 5. SRI HEMANNA S/O LATE CHIKKAHEMAGIRIYAPPA AGED ABOUT 52 YEARS, 6. SRI HEMAGIRIYAPPA S/O LATE VARADAPPA @ KAMANNA AGED ABOUT 50 YEARS, 7. SRI RAJANNA S/O LATE VARADAPPA @ KAMANNA AGED ABOUT 40 YEARS, 8. SMT LAKSHMAMMA W/O LATE VADERAIAH AGED ABOUT 55 YEARS, RESPONDENT NOS.1 TO 8 ARE R/AT GUDIMAVU, KUMBALAGODU POST KENGERI HOBLI BENGALURU - 560074 9. SMT GANGAMMA W/O BOMMALINGAIAH AGED ABOUT 50 YEARS, R/AT RAMADEVANAHALLI MADURE HOBLI DODDABALLAPURA TALUK-560070 BANGALORE RURAL DISTRICT 10. SRI RUDRAIAH W/O LATE PUTTAHONNAIAH AGED ABOUT 48 YEARS, R/AT LAKKENAHALLI VILLAGE, SOLUR HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562120 11. SMT JAYAMMA W/O REVANNA AGED ABOUT 46 YEARS, R/AT GUDIMAVU Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010408622019 NC: 2026:KHC:51384 WP No. 34024 of 2019 KUMBALAGODU POST KENGERI HOBLI BENGALORE-560074 12. SRI NAGARAJU S/O LATE PUTTAHONNAIAH AGED ABOUT 44 YEARS, R/AT LAKKENAHALLI VILLAGE, SOLUR HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562120 13. SRI RAMAKRISHNAPPA S/O LATE PUTTAHONNAIAH AGED ABOUT 42 YEARS, R/AT LAKKENAHALLI VILLAGE, SOLUR HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562120 14. SMT GOWRAMMA W/O NEELAKANTAIAH AGED ABOUT 40 YEARS, R/AT GUDIMAVU KUMBALAGODU POST KENGERI HOBLI BENGALORE-560074 15. SRI BEERAPPA S/O LATE PATEL HULLURAIAH AGED ABOUT 77 YEARS, 16. SMT G V MAGALAMMA W/O BHASKAR AGED ABOUT 32 YEARS, 17. SMT G V JAGADAMBA W/O SRI KRISHNAPPA AGED ABOUT 28 YEARS, 18. SMT THIMMAKKA W/O SRI GANGANNA Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010408622019 NC: 2026:KHC:51384 WP No. 34024 of 2019 D/O DODDAHEMAGIRIYAPPA AGED ABOUT 56 YEARS, 19. SRI UMESHA S/O LATE NAGAPPA AGED ABOUT 30 YEARS, 20. RAMESHA S/O LATE NAGAPPA AGED ABOUT 25 YEARS RESPONDENT NOS.15 TO 20 ARE R/AT GUDIMAVU VILLAGE, KUMBALAGODU POST KENGERI HOBLI-560074 BANGALORE SOUTH TALUK 21. SRI CHAND PASHA S/O LATE S H SHANBJAN SHAB AGED ABOUT 55 YEARS, RESIDING AT NO.17 2ND MAIN NEXT TO AJAY DRY CLEANERS ROOPENA AGRAHARA HSR LAYOUT BENGALORE-560068 22. SMT CHAMPAKA W/O R SHIVASHANKAR AGED ABOUT 48 YEARS, RESIDING AT NO.192 SC ROAD BASAVANAGUDI BENGALORE-560004 …RESPONDENTS (BY SRI. S R HEGDE HUDLAMANE, ADVOCATE FOR R1 TO R3 V/O DATED 08.08.2019, NOTICE TO R21 & R22 IS D/W SRI. SANJEEV MURTHY D, ADVOCATE FOR P'SD R15(E) SRI. PRITHVI RAJ B N, ADVOCATE FOR P'SD R15(G) N SRI. VENKATESH MURTHY, ADVOCATE FOR P'SD R18(A TO E) SMT. ARUNDATHI I D, ADVOCATE FOR P'SD R15(D,F & H) (VK RETURNED WITH OFFICE OBJECTIONS) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010408622019 NC: 2026:KHC:51384 WP No. 34024 of 2019 R4-MATAPPA SERVED R5 - HEMANNA SERVED R6 - HEMAGIRIYAPPA SERVED R7 RAJANNA SERVED R8 - LAKSHMAMMA SERVED R10 - RUDRAIAH SERVED R12 - NAGARAJU SERVED R13 - RAMAKRISHNAPPA SERVED R14 - GOWRAMMA SERVED R15 (C) BHAGYAMMA SERVED R15(J) DHANANJAYA SERVED R17 - JAGADAMBA SERVED R19 - UMESHA SERVED R20 - RAMESHA SERVED V/O DATED 04.06.2021, NOTICE TO R9 H/S R9 GANGAMMA V/O DATED 12.06.2025, R11 & R16 H/S R11 JAYAMMA R16 SRI. G V MANGALAMMA & C R SUBRAMANYA, ADVOCATES FOR R15 (A& B)) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO; QUASH THE IMPUGNED ORDER DTD. 30.07.2019 PASSED ON I.A.NO.5 IN O.S.NO.618/2008 ON THE FILE OF THE II ADDL. CIVIL JUDGE (SENIOR DIVISION), BANGALORE RURAL DISTRICT, BANGALORE (ANNX-J). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned counsel appearing for the petitioner submits that the application filed under Section 10 of the Code of Civil Procedure, 1908 (for short ‘CPC’) came to be rejected by the Court below, principally on the ground that a Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010408622019 NC: 2026:KHC:51384 WP No. 34024 of 2019 comprehensive suit, in O.S.No.958/2011, was pending adjudication before the very same Court. 2. It is further submitted that the said comprehensive suit has since been disposed of by judgment and decree dated 18.12.2025. In view of the disposal of the said suit, learned counsel appearing for the petitioner, fairly submits that the prayer made under Section 10 of CPC has been rendered infructuous. 3. The submission is placed on record. In view of the subsequent disposal of O.S.No.958/2011, no further consideration of the grievance urged in the present petition survives for adjudication. Accordingly, the petition stands disposed of as having been rendered infructuous. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified