- 1 - HC-KAR NC: 2026:KHC:4375 WP No. 20565 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20565 OF 2024 (GM-CPC) BETWEEN: ARUN KUMAR K P S/O LATE K S PREM KUMAR AGED 24 YEARS GANDHINAGAR LAYOUT BEHIND POLICE QUARTERS, PERIYAPATNA TOWN PRESENTLY R/ AT C/O RAMANNA S/O DODDEGOWDA, NO 28 GOKULAM IV STAGE, MANJUNATHAPURAM MYSURU 570 016 …PETITIONER (BY SRI. KARUMBAIAH T.A..,ADVOCATE) AND: 1. YOGESHA S/O SANNEGOWDA AGED 49 YEARS AGRICULTURIST AND BUSINESSMAN R/AT MALLINATHAPURA VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT 572 132 2. SUJATHA W/O LATE K S PREM KUMAR AGED 41 YEARS AGRICULTURIST 3. AJAYKUMAR S/O LATE PREM KUMAR K S Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4375 WP No. 20565 of 2024 AGED 16 YEARS SINCE MINOR REP. BY HIS OTHER AND NATURAL GUARDIAN SUJATHA W/O PREMKUMAR, AGRICULTURIST RESPONDENT NOS.2 AND 3 ARE R/AT GANDHINAGAR EXTENSION BEHIND POLICE STATION QUARTERS PERIYAPATNA TALUK 572 132 MYSORE DISTRICT …RESPONDENTS (BY SRI. JAYSHAM JAYASIMHA RAO, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURE-E THE ORDER DTD 28.02.2024 PASSED BY THE SENIOR CIVIL JUDGE, PERIAYPATNA ON IA FILED BY THE DECREE HOLDER UNDER ORDER 26 RULE 9 CPC IN EX. NO. 50/2022 . THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “i. Issue a writ of certiorari to quash Annexure-E the order dated 28.02.2024 passed by the Senior Civil Judge, Periyapatna on I.A. filed by the Decree Holder under Order 26 Rule 9 CPC in Ex.No.50/2022. ii. Issue a writ of mandamus directing the Senior Civil Judge, Periyapatna not to proceed with the Ex.No.50/2022 till the disposal of O.S.No.175/2022 pending before the same Court. - 3 - HC-KAR NC: 2026:KHC:4375 WP No. 20565 of 2024 iii. Issue any other writ, order or directing as this Hon’ble Court deems fit in the circumstances of the case.” 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. Learned counsel for the petitioner submits that O.S.No.175/2022 and Ex.No.60/2022 in respect of which the present petition is preferred, have been disposed of and nothing further survives for consideration in the present petition. 4. The memo filed by respondent No.1 reads as under: “The Respondent No.1 above named most respectfully as follows,” 1. The Petitioner is before this Hon’ble Court seeking quashment of the order dated 28.02.2024 passed by Senior Civil Judge, Periyapatna on I.A.No.1/2022 filed by the Respondent No.1 in EX.No.50/2022. 2. The Petitioner has further sought for a writ of mandamus seeking a direction to the Trial Court to not proceed with the execution case till the disposal of O.S.No.175/2022 before the Senior Civil Judge, Periyapatna. 3. Perusal of the Writ Petition reflects that, the Petitioner has claimed that, O.S. No.175/2022 was pending as on the date of filing the Writ Petition. However, the - 4 - HC-KAR NC: 2026:KHC:4375 WP No. 20565 of 2024 Order sheet of the O.S.No.175/2022 reflects that, same was disposed for non-prosecution as back as on 22.06.2024. This goes to show that, as of the date of filing Writ Petition, O.S.No.175/2022 was not pending and the second prayer in the Writ Petition could not have been sought by the Petitioner. Its pertinent to mention that here that, the Petitioner has made false statement before this Hon'ble court while filing the Writ Petition. The Certified copy of the order sheet in OS No.175/2022 is produced herewith for the kind perusal of this Hon'ble court and marked as ANNEXURE - R1. 4. Insofar as the prayer No.1 sought by the Petitioner, it is most respectfully submitted that it is infructuous and said prayer cannot be granted for the reason that, the execution proceedings in Ex. No.50/2022 has already culminated and the said execution proceedings have been disposed as satisfied as back as on 08.03.2025. In view of the closure of the execution proceedings having been satisfied, nothing remains for adjudication before this Hon'ble court. The Certified copy of the entire order sheet in Ex. No.50/2022 is produced herewith for the kind perusal of this Hon'ble Court and marked as ANNEXURE - R2. PRAYER Wherefore, The Respondent No.1 most respectfully prays that, this Hon'ble court be pleased to dispose the instant Writ - 5 - HC-KAR NC: 2026:KHC:4375 WP No. 20565 of 2024 Petition as being infructuous, in the interest of justice and equity.” 5. In view of the aforesaid facts and circumstances and disposal of O.S.No.175/2022 and Ex.No.60/2022 by the Trial Court, nothing further survives for consideration in the present petition and the same stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 43