- 1 - HC-KAR NC: 2025:KHC:20180 CRP No. 88 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 88 OF 2025 (IO) BETWEEN: SRI SANTHOSH KUMAR S.P., S/O LATE PRAKASH, AGED 37 YEARS, RESIDING AT SUBBANAKUDIGE, ATTIKUDIGE VILLAGE, MEGUNDA HOBLI, KOPPA TALUK, CHIKKAMANGALURU – 577 114. …PETITIONER (BY SRI MANJUNATH R., ADVOCATE) AND: 1. SMT. SARASWATHI S.P., W/O. LATE PRAKASH, AGED 60 YEARS, RESIDING AT SUBBANAKUDIGE, ATTIKUDIGE VILLAGE, MEGUNDA HOBLI, KOPPA TALUK. CHIKKAMANGALURU – 577 114. 2. SRI SAMPATH KUMAR S.P., S/O LATE PRAKASH, AGED 32 YEARS, PIPE LINE ROAD, KURUBARA HALLI, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20180 CRP No. 88 of 2025 J.C. NAGARA, MAHALAKSHMI PURAM, BENGALURU – 560 086. …RESPONDENTS THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 16.03.2024 PASSED IN FDP NO.3/2022 (ANNEXURE – A) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, N.R. PURA, ITINARATE AT KOPPA, ON THE PETITION FILED UNDEDR ORDER 20 RULE 18 OF CPC TO DRAW FINAL DECREE IN RESPECT OF THE PRELIMINARY DECREE PASSED IN O.S.No.14/2020 DATED:05.08.2022 AND PERUSE THE SAME AND SET ASIDE THE IMPUGNED ORDER DATED 16/03/2024 IN FDP NO.3/2022 PASSED BY HON’BLE SENIOR CIVIL JUDGE AND JMFC AT N.R.PURA, ITINARATE AT KOPPA, CHIKKAMANGALURU AND ALSO QUASH THE EXECUTION PROCEEDINGS ARISEN OUT OF FDP FINAL ORDER THAT IS EXECUTION PETITION NO.1/2025 (ANNEXURE – F) NOTICE BEFORE THE SAME COURT HON’BLE SENIOR CIVIL JUDGE AND JMFC AT N.R.PURA, ITINARATE AT KOPPA IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioner files a memo seeking leave of this Court to withdraw the petition. - 3 - HC-KAR NC: 2025:KHC:20180 CRP No. 88 of 2025 2. The Memo reads as follows: “The Advocate for Petitioner in the above case submits that he had instituted the instant petition to set aside the impugned final order dated 16/03/2024 passed in FDP No. 3/2022 by the Hon'ble Senior Civil Judge and JMFC at N.R.Pura, Itinarate at Koppa, Chikkamangaluru. The Advocate for Petitioner further submits that after perusing office objections on maintainability and upon realising that an Appeal should be filed instead of CRP, the Petitioner reserves his right to file the appeal by withdrawing this CRP Petition. I pray the Hon'ble court to permit me to withdraw the CRP Petition and grant petitioner liberty to file an Appeal before the Hon'ble High Court of Karnataka challenging the said FDP Order. The Advocate for Petitioner also prays the Hon'ble Court to direct the office to return the certified copies filed along with the CRP Petition in the interest of justice and equity.” In view of the Memo filed, petition is disposed as withdrawn, with liberty as sought for. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 31