Karnataka High Court
WP/4790/2023 of SRI VENKATESHAPPA Vs SRI M RAMESH on 31 August 2026
CNR: KAHC010107632023 NC: 2026:KHC:47244 W.P. No.4790/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO.4790/2023 (GM-CPC) BETWEEN: 1. SRI. VENKATESHAPPA SON OF LATE KRISHNAPPA AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.4790/2023 (GM-CPC)
BETWEEN:
1.
SRI. VENKATESHAPPA
SON OF LATE KRISHNAPPA
AGED ABOUT 53 YEARS
RESIDING AT KODIHALLI
LAKKUR HOBLI, MALUR TALUK
KOLAR DISTRICT-563160.
2.
SRI. K.V. MURALI
SON OF LATE VENKATESHAPPA
AGED ABOUT 27 YEARS
RESIDING AT KODIHALLI
LAKKUR HOBLI, MALUR TALUK
KOLAR DISTRICT-563160.
3.
SMT. SHILPA
DAUGHTER OF VENKATESHAPPA
AGED ABOUT 26 YEARS
RESIDING AT KODIHALLI
LAKKUR HOBLI, MALUR TALUK
KOLAR DISTRICT-563160.
4.
SRI. K.V. NAVEEN KUMAR
SON OF VENKATESHAPPA
AGED ABOUT 47 YEARS
RESIDING AT KODIHALLI
LAKKUR HOBLI, MALUR TALUK
KOLAR DISTRICT-563160.
…PETITIONERS
(BY SRI. SUNIL T, ADV.,)
Digitally signed
by RUPA V
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
SRI. M. RAMESH
SON OF MUNIYAPPA
AGED ABOUT 42 YEARS
RESIDING AT JAYAMANGALA
LAKKUR HOBLI, MALUR TALUK
KOLAR DISTRICT-563160.
…RESPONDENT
(BY SRI. R.P. SOMASHEKHARAIAH, ADV.,)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER PASSED IN M.A.NO.34/2022 DT 16.11.2022 FILED
UNDER ORDER 43 RULE 1(R) OF C.P.C ON THE FILE OF II ND
ADDL. DIST. AND SESSIONS JUDGE, KOLAR, KOLAR DIST. AT
ANNX-J AND TO GRANT SUCH OTHER RELIEF OR RELIEFS AS
SITUATION DEMANDS TO MEET THE ENDS OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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ORAL ORDER
This writ petition is filed challenging the order dated 16.11.20022 passed in M.A.No.34/2022 by the II Additional District and Sessions Judge, Kolar (for short, ‘the Appellate Court’).
HC-KAR
2. Sri.R.P.Somashekariah, learned counsel appearing for the respondent submits that the petitioners had filed an application seeking to stay the execution proceedings and the said application was numbered as Misc.No.30/2021 which was dismissed. The said order was challenged before the Appellate Court in M.A.No.34/2022 and the appeal came to be dismissed which is under challenge. It is submitted that the execution proceedings in Ex.Case No.2/2019 is closed on 12.07.2022.
3. In view of the aforesaid submission, this writ petition does not survive for consideration. Accordingly, the same is dismissed as having become infructuous.
Sd/-
(VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 38