Dismissed¶33

M K Varghese v. H P Thimmappa

Karnataka HC13 Jul 2026WP/31584/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 31584 of 2025 (GM-CPC); decided 13.07.2026 by Lalitha Kanneganti J.; M K Varghese and M V Eldhose v. H P Thimmappa; writ petition under Articles 226 and 227 of the Constitution seeking quashing of order dated 08.09.2025 on I.A. No. 6 under Order 6 Rule 17 C.P.C. in O.S. No. 39/2017 (Civil Judge and JMFC, Narasimharajapura); suit disposed by judgment and decree dated 30.10.2025 during pendency; appeal already filed; writ petition dismissed as withdrawn as infructuous; liberty reserved to raise all grounds before Appellate Court; pending I.As. closed.

What did the court decide?

Writ petition dismissed as withdrawn, with liberty reserved to the parties to raise all available grounds before the Appellate Court; pending I.As., if any, stand closed. ¶33

M K Varghese Vs H P Thimmappa — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:35619 WP No. 31584 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31584 OF 2025 (GM-CPC)

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BETWEEN:

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M K VARGHESE

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S/O M A KURIYAKOSE AGE BOUT 70 YEARS KUNUJA SHEDIGARU VILLAGE N R PURA TALUK

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CHIKMAGALURU DIST - 577 134

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M V ELDHOSE S/O M K VARGHESE AGED ABOUT 38 YEARS KUNUJA, SHEDIGARU VILLAGE NR PURA TALUK

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CHIKMAGALUR DIST - 577 134

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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(BY SRI. GIREESHA KODGI, ADVOCATE)

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AND:

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…PETITIONERS

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H P THIMMAPPA S/O PUTTE GOWDA AGE ABOUT 58 YEARS KUNUJA SHEDIGARU VILLAGE N.R. PURA TALUK

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CHIKAMAGALUR DISTRICT - 577 134

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…RESPONDENT

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NC: 2026:KHC:35619 WP No. 31584 of 2025

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 08.09.2025 PASSED ON I.A NO. 6 FILED UNDER ORDER 6 RULE 17 OF C.P.C IN OS NO. 39/2017 BY THE CIVIL JUDGE AND JMFC, NARASIMHARAJAPURA, CHIKMAGALUR AS PER ANNX-A AND ETC.

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The memo is filed stating that during the pendency of the present writ petition, the suit has been disposed of by the judgment and decree dated 30.10.2025. It is further stated that an appeal against the said judgment and decree has already been filed and, therefore, the present writ petition has become infructuous. Hence, the petitioners seeks permission to withdraw the writ petition, reserving liberty to raise all the contentions before the Appellate Court.

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