Sri.K.Mguruswamy vs Sri P Guruswamy
2025 Latest Caselaw 10021 Kant

Karnataka High Court

Sri.K.Mguruswamy vs Sri P Guruswamy on 10 November, 2025

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                                 -1-
                                                            NC: 2025:KHC:45593
                                                           WP No. 2122 of 2020


                   HC-KAR



                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 10TH DAY OF NOVEMBER, 2025

                                             BEFORE

                          THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

                             WRIT PETITION NO. 2122 OF 2020 (GM-CPC)

                   BETWEEN:

                   SRI K.M. GURUSWAMY
                   S/O LATE MAHADEVAPPA
                   AGED ABOUT 54 YEARS
                   R/AT DOOR NO.172
                   KOODANAHALLI VILLAGE
                   VARUNA HOBLI, SOMESHWARAPURA
                   POST, MYSURU TALUK - 571 311.
                                                                   ...PETITIONER
                   (BY SRI NANJUNDA SWAMY N, ADV.)
                   AND:

                   1. SRI P. GURUSWAMY
                      S/O LATE SRI PUTTABUDDHI
                      AGED ABOUT 49 YEARS
                      R/AT DOOR NO.50, F-6
Digitally signed
                      2ND MAIN, 11TH CROSS
by NANDINI M          VIDYARANYAPURAM
S
                      MYSURU - 570 008.
Location: HIGH
COURT OF
KARNATAKA          2. SRI M. MAHADEV
                      S/O LATE M.L. MADAIAH
                      AGED ABOUT 51 YEARS
                      R/AT DOOR NO.1063/115
                      A-1, F-12, 2ND MAIN, 9TH CROSS
                      VIDYARANYAPURAM, KHILLE MOHALLA
                      MYSURU - 570 008.
                                                                ...RESPONDENTS
                   (BY SRI Y.V. PRAKASH, ADV., FOR
                   SRI Y.K. NARAYANA SHARMA, ADV., FOR R-1;
                   NOTICE TO R-2 IS H/S V/O/DATED 03.11.2025)
                                 -2-
                                               NC: 2025:KHC:45593
                                              WP No. 2122 of 2020


HC-KAR



      THIS W.P IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD.27.10.2018 PASSED ON INTERIM APPLICATION i.e I.A.1 FILED
UNDER ORDER XXXVIII RULE 5 OF CPC READ WITH SECTION 151 OF
CPC IN O.S.NO.492/2018 BY THE IV ADDL SENIOR CIVIL JUDGE AND
JMFC MYSURU AS PER ANNEUXRE-F AND SET ASIDE/QUASH THE
ORDER DTD,18.11.2019 PASSED ON INTERIM APPLICATION i.e IA
NO.4 FILED UNDER ORDER XXXVIII RULES 8 AND 10 OF CPC READ
WITH SECTION 15 1OF CPC IN O.S.NO.492/2018 BY THE IV ADDL
SENIOR CIVIL JUDGE AND JMFC MYSURU AS PER ANNEXURE-L BY
ALLOWING THE SAID APPLICATIONA T ANNEXURE-J.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY


                            ORAL ORDER

1. Learned Counsel for the parties submits that during the

pendency of this writ petition, O.S.No.492/2018 pending before

the Court of IV Addl. Senior Civil Judge & JMFC, Mysuru, out of

which, this writ petition arises, has been disposed of, and

therefore, this writ petition does not survive for consideration.

2. Learned Counsel for the petitioner submits that leaving

open to the petitioner to urge the grounds raised in this petition

as provided under Section 105 of CPC in an appeal that is

preferred against the judgment and decree passed in

O.S.No.492/2018, this writ petition may be dismissed as not

pressed.

NC: 2025:KHC:45593

HC-KAR

3. The aforesaid submissions are placed on record. Writ

petition is dismissed as not pressed, with liberty as prayed for.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

KK