The High Court dismissed the writ petition under Article 226 as infructuous. The petitioner successfully established that a Special Leave Petition in the Supreme Court was pending, rendering the challenge to the execution warrant futile.
The writ petition and pending I.A.Nos. are dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2025:KHC:43226 WP No. 27801 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.27801 OF 2025 (GM-CPC)
BETWEEN:
VASANTHA KUMAR D S/O LATE SHIVA RAO AGED ABOUT 58 YEARS R/O. "SKANDA NILAYA"
AITHOOR KOILA VILLAGE AND POST PUTTUR TALUK D.K. DISTRICT - 574211
…PETITIONER
(BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE)
AND:
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
AGED ABOUT 62 YEARS S/O LATE VISHNUMOORTHI M.K R/O "KANJI HOUSE" BALPA VILLAGE AND POST
SULLIA TALUK, D.K. DISTRICT - 574232
2. M.V.SHRIVATHSA
AGED ABOUT 57 YEARS S/O LATE VISHNUMOORTHI M K R/O "KANJI HOUSE" BALPA VILLAGE AND POST
SULLIA TALUK, D.K. DISTRICT - 574232
HC-KAR
W/O LATE DINESH KUMAR RAO AGED ABOUT 49 YEARS R/O "SHIVA SADANA" ADI SUBRAHMANYA ROAD SUBRAMANYA POST AND VILLAGE KADABA TALUK D.K. DISTRICT - 574238
ADI SUBRAHMANYA ROAD SUBRAMANYA POST AND VILLAGE KADABA TALUK D.K. DISTRICT - 574238
HC-KAR
AGED ABOUT 50 YEARS R/O. "ASHIRVADA" PERUVAJE VILLAGE AND POST SULLIA TALUK, D.K. DISTRICT - 574239
…RESPONDENTS
(BY SRI.M.S.VENUGOPAL, ADVOCATE FOR R.1 AND R.2; R.4 TO R.8 ARE SERVED, UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 09.09.2025 IN EX.C.NO.23/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC SULLIA PRODUCED AT ANNX-A WITH RESPECT OF ISSUE OF DELIVERY WARRANT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Learned counsel for petitioner is present so also
learned counsel for respondent Nos.1 and 2.
NC: 2025:KHC:43226 WP No. 27801 of 2025
HC-KAR
filed a memo, which reads as under:
"The petitioner has filed this petition challenging the issuance of delivery warrant of Execution Case No.23/2025 on the ground that the Appeal period to file Special Leave Petition is not expired on the date of issuance of delivery warrant subsequently. The petitioner has filed Special Leave Petition in Diary No.53414/2025 SLP (C) No.28628/2025 on the file of the Hon'ble Supreme Court of India on 16.09.2025. The Hon'ble Supreme Court of India by its order dated 14.10.2025. The copy of the order enclosed for kind perusal of this Hon'ble Court. Hence, the present petition has become infructuous and same may be dismissed in the interest of justice and equity."
In view of the memo and submission made by both
the learned counsels appearing for both parties, the petition is dismissed for having become infructuous.
NC: 2025:KHC:43226 WP No. 27801 of 2025
HC-KAR
Consequently, I.A.Nos.1/2025 and 2/2025 does not
survive for consideration and the same are dismissed.
Sd/(PRADEEP SINGH YERUR) JUDGE
NBM
List No.: 1 Sl No.: 53
Vanthantha Kumar D/S/o Late Shiva Rao
M.V.Manjunathan
M.V.Shrivathsa
Smt. D. Shalini Rao
Shreyas Rao D/S/o Late Dinesh Kumar Rao
Vishwas Rao S/o Late Dinesh Kumar Rao
Pradeep Singh Yerur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
