- 1 - HC-KAR NC: 2026:KHC:1873 WP No. 813 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 813 OF 2024 (GM-CPC) BETWEEN: SRI ANIL KUMAR S/O GOVINDARAJU AGED ABOUT 42 YEARS R/AT NO.2/1, 2ND AND 3RD FLOOR, 9TH CROSS, PARIMALA NAGARA, NANDINI LAYOUT, BENGALURU-96 &PETITIONER (BY SRI. SHIVARAMU H C., ADVOCATE) AND: SRI MANJUNATHA A S/O LATE ANJINAPPA AGED ABOUT 44 YEARS R/AT NO.4/246, GUBBITOWN, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1873 WP No. 813 of 2024 SIDLU BASAVANNA LAYOUT, SHADI MAHAL ROAD, GUBBI TALUK, TUMKUR-572216 &RESPONDENT (BY SRI. MURTHY K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 19.12.2023 IN MIS., PETITION 366/2023 PASSED BY THE VII ADDL. JUDGE AND ACMM (SCCH-03), BENGALURU AT ANNEXURE-L, CONSEQUENTLY TO CONSIDER THE APPLICATION I.A.NO.I UNDER ORDER XLI RULE 5 OF CPC FOR STAY OF OPERATION OF JUDGEMENT AND DECREE PASSED IN S.C.258/2021 AND I.A.NO.III APPLICATION U/S 41 RULE 3A R/W SECTION 151 OF CPC TO CONDONE THE DELAY ARISING TO FILE APPLICATION TO SET ASIDE THE EX-PARTE DECREE AT ANNEXURE-H1 AND H3 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1873 WP No. 813 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "a. Call for entire records in Misc.Petition No.366/2023 on the file of VII Addl. Judge & ACMM, at Bengaluru (SCCH-03). b. Issue writ of certiorari and such other writ, direction to quash the impugned order dated 19.12.2023 in Mis., Petition 366/2023 passed by the VII Addl., Judge & ACMM (SCCH-03), Bengaluru at ANNEXURE-L, consequently to consider the application I.A.No.I under order XLI rule 5 of CPC for stay of operation of Judgment and decree passed in S.C. 258/2021 and I.A.No.III application under section 41 Rule 3A R/w Section 151 of CPC to condone the delay arising to file application to set- aside the ex-parte decree at ANNEXURE-H! and H3 respectively. c. Pass such other order/s as this Hon'ble Court deems fit and proper in the circumstances of the case." 2. Learned counsel for the respondent submits that Misc.Pt.366/2023, out of which the present petition arises, has been dismissed for default as long back as on 02.08.2025 and nothing further survives in the present petition and filed a memo to that effect. 3. Memo is placed on record. - 4 - HC-KAR NC: 2026:KHC:1873 WP No. 813 of 2024 4. The petition is disposed of as having become infructuous reserving liberty in favour of the petitioner to take recourse to such other remedies as available in law including seeking revival of the present petition, if the occasion so arises. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 5