- 1 - HC-KAR NC: 2026:KHC:2395 CRP No. 704 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 704 OF 2025 BETWEEN: MR BHREHANJERAM PINTO S/O LATE MONTHU ALPHONSO PINTO, AGE ABOUT 47 YEARS, NEAR KAPIKAD SCHOOL, BEJAI, KADRI VILLAGE, MANGALORE - 575003 DAKSHINA KANNADA DISTRICT …PETITIONER (BY SRI. RAVINDRANATH KAMATH., SR. COUNSEL FOR SRI. MOHAMMED ASHAAR C.K., ADVOCATE) AND: MR AUSTIN STANNY FURTADO S/O LATE CHARLES FURTADO AGED 58 YEARS, R/A BEHIND BEJAI MUNICIPAL SCHOOL, BEJAI, KAPIKAD, MANGALORE - 575004 DAKSHINA KANNADA DISTRICT …RESPONDENT (BY SRI. RAKESH KINI., ADVOCATE) THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 23.08.2025 PASSED ON IA NO.9 IN EX.C.274/2015 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, MANGALORE., DISMISSING THE IA NO.9 FILED UNDER SEC.47 R/W SEC.151 OF CPC., DISMISSING THE IA NO.9 FILED UNDER ORDER 47 R/W SEC.151 OF CPC AND ETC., Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2395 CRP No. 704 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER On the previous occasion, learned Counsel for the respondent has stated that this Civil Revision Petition will not survive for consideration having regard to the fact that the Execution Case from out of which the present petition arises has been disposed of as satisfied by order dated 19.12.2025. However, to enable the learned Counsel for the petitioner to have a say, the matter was adjourned. 2. Today, the learned Senior Counsel appearing for the petitioner submits that despite the execution case being closed, this Civil Revision Petition will survive for consideration. 3. In the considered opinion of this Court, such a contention cannot be accepted. This Civil Revision Petition was filed by the petitioner who was aggrieved of the impugned order dated 23.08.2025 which was an order passed on an application filed by the petitioner under - 3 - HC-KAR NC: 2026:KHC:2395 CRP No. 704 of 2025 Section 47 of the Code of Civil Procedure questioning as to whether the Execution Petition was maintainable. However, now that the Execution petition itself has been disposed of, certainly the prayer made in this CRP regarding the order passed on 23.08.2025 on I.A.No.9 will not survive for consideration. 4. Having regard to the subsequent developments, this Court is of the considered opinion that the Civil Revision Petition requires to be disposed of, having regard to the facts noticed hereinabove. 5. Accordingly, the Civil Revision Petition stands disposed of reserving liberty to the petitioner to question the orders passed by the Executing Court closing the Execution Petition, while also raising a ground that the Execution Petition was not maintainable. Sd/- (R DEVDAS) JUDGE JT/- CT: JL