Dismissed¶¶37

Mrs Kamalamma v. Mr. Swami Gowda

Karnataka HC22 Jan 2026WP/13773/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru — W.P. No.13773/2025 (GM-CPC), decided 22-01-2026, Justice Vijaykumar A. Patil. Objector's Article 227 certiorari challenge to the order dated 23-08-2024 of the Civil Judge JMFC, Pandavapura, in Ex Petition No.97/2009 (IA No.17); dismissed as infructuous after counsel's memo disclosed dismissal of the Order XXI Rule 97 application on 06.12.2025. Keywords: Article 227 writ, execution proceeding objector, Order XXI Rule 97, infructuous petition, Mandya/Pandavapura.

What did the court decide?

The Court placed counsel's memo on record and dismissed the writ petition as having become infructuous, since the objector's application under Order XXI Rule 97 had been dismissed on 06.12.2025 ¶¶37

Mrs Kamalamma Vs Mr. Swami Gowda — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:3694 W.P. No.13773/2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13773/2025 (GM-CPC)

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM HIGH COURT OF KARNATAKA

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MRS. KAMALAMMA W/O B.M. KALSE GOWDA AGED ABOUT 55 YEARS RESIDING AT BANNAGADI GRAMA CHINNAKURALIHOBLI PANDAVAPURA TALUK MANDYA DISTRICT.

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(BY SRI. AJIT P.B. ADV.,)

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…PETITIONER

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AND:

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MR. SWAMI GOWDA SINCE DECEASED.

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MRS. THAYAMMA W/O LATE CHALUVE GOWDA AGED ABOUT 78 YEARS.

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B.S. THYAGARAJU S/O LATE SWAMY GOWDA AGED ABOUT 39 YEARS.

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B.S. HEMANT KUMAR S/O LATE SWAMY GOWDA AGED ABOUT 37 YEARS.

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ALL ARE RESIDING AT BANNAGADI GRAMA,

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2 - NC: 2026:KHC:3694 W.P. No.13773/2025

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HC-KAR

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CHINNAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION TO SET ASIDE THE ORDER DATED 23-08-2024 PASSED BY THE CIVIL JUDGE OF JMFC AT PANDAVAPURA IN EX PETITION NO.97/2009 ON IA NO.17 THE PETITIONER PRODUCED HEREWITH AS ANNEXURE-A & ETC.

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

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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Learned counsel for the petitioner has filed a memo dated

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stating that the writ petition has rendered infructuous.

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Memo reads as under:

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"The undersigned counsel herein respectfully submits that this Writ Petition is filed by the objector in Execution Proceeding, the objectors/petitioners application under Order XXI Rule 97 being dismissed on 06.12.2025, under these circumstances the present petition has rendered infructuous.

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Wherefore the petitioner herein respectfully prays that this Hon'ble Court be pleased to dispose off the

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NC: 2026:KHC:3694 W.P. No.13773/2025

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HC-KAR

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above writ petition does not survive for consideration to serve the interest of justice and equity".

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