- 1 - HC-KAR NC: 2026:KHC:748 WP No. 15076 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 15076 OF 2021 (GM-CPC) BETWEEN: 1. AKHILESH S V S/O LATE VIRUPAKSHAPPA AGED ABOUT 25 YEARS RESIDENT OF NO.3509/D125 BASAVESHWARA NAGAR NEAR WATER TANK BEHIND SAPTAGIRI HOSTEL DAVANAGERE-577001. 2. TRIVENI S V D/O LATE VIRUPAKSHAPPA AGED ABOUT 21 YEARS RESIDENT OF NO.3509/D125 BASAVESHWARA NAGAR NEAR WATER TANK BEHIND SAPTAGIRI HOSTEL DAVANAGERE-577 001. …PETITIONERS (BY SRI. M.DEEPAK., ADVOCATE FOR P1 AND P2) AND: 1. P. VIJAY KUMAR S/O LATE PUNAM CHAND R/O NO.174/2 NARASARAJPET DAVANAGERE-577001. - 2 - HC-KAR NC: 2026:KHC:748 WP No. 15076 of 2021 2. PRAFULKUMAR S/O LATE MOHAN LAL R/O NO.174/2 NARASARAJPET DAVANAGERE-577001. 3. SMT. JYOTHI W/O LATE VIRUPAKSHAPPA AGED ABOUT 45 YEARS RESIDENT OF NO.3509/D125 BASAVESHWARA NAGAR NEAR WATER TANK BEHIND SAPTAGIRI HOSTEL DAVANAGERE-577001. …RESPONDENTS (BY SRI. RAGHAVENDRA.L.MISKIN., ADVOCATE FOR R1 AND R2; R3 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 7.2.2019 PASSED IN O.S.NO.416/2015 ON THE FILE OF THE CIVIL JUDGE (JR.DN), DAVANAGERE AND THE ORDER DATED 10.10.2019 VIDE ANNEXURE-P AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:748 WP No. 15076 of 2021 ORAL ORDER 1. The present petition has been filed seeking the following prayers: "(i) Set aside the order dated 07-02-2019 passed in O.S.No.416/2015 on the file of the Civil Judge (Jr.Dn), Davanagere and the order dated 10-10-2019 vide Annexure-P in the interest of justice and equity. (ii) Direct the court below to consider the applications filed by petitioners dated 15-07-2016 to bring the Respondent No.1 & 2 herein as the Defendant No.2 & 3 and the application filed by the Respondent No.2 dated 27-10-2019 to come on record as the legal heir of deceased Defendant Sri Virupakshappa." 2. As per the report of the Registry, the suit in O.S.No.416/2015 filed by the plaintiffs stands abated. Reliance is placed on the order dated 07.02.2019 passed by the learned Trial Court. 3. In view of the fact that the suit itself has abated, this petition does not survive and is accordingly dismissed. Pending applications stand closed. (TARA VITASTA GANJU) JUDGE hkh List No.: 1 Sl No.: 33 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA