- 1 - HC-KAR NC: 2025:KHC:21678 WP No. 30201 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 30201 OF 2019 (GM-CPC) BETWEEN: 1. SMT. SHAISTHA SULTHANA DEAD BY HER LR'S SHRI. MUNER PASHA S/O LATE ABDUL AZEEZ AGED ABOUT 79 YEARS 2. SHRI. IMRAN S/O MUNEER PASHA AGED ABOUT 40 YEARS PETITIONERS No.1 & 2 ARE RESIDING AT # 2042 CHIKKA JONIGARA STREET SRIRANGAPATNA TALUK-570 140 3. SMT. ALMAS PARVEEN W/O SYED GAFFER AGED ABOUT 46 YEARS R/AT # 1535, 1ST STAGE RAJEEV NAGARA MYSURU-570 019 4. SMT. KAUSAR PARVEEN W/O MOHAMMED NAYIMULLA AGED ABOUT 42 YEARS R/AT # 736/A, 12TH CROSS 2ND STAGE, RAJIV NAGAR MYSURU-570 019 …PETITIONERS (BY SRI. RAJEEVA B.C, ADVOCATE) Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21678 WP No. 30201 of 2019 AND: 1. SMT. VANITHA ALVA W/O HARISH ALVA AGED ABOUT 51 YEARS PROPRIETRIX SHREYAS ENTERPRISES OPP. REGIONAL COLLEGE QTRS BOGADI ROAD, MYSORE-571 438 2. RAMESH S/O LATE POLICE MARIYAPPA AGED ABOUT 47 YEARS 3. NANJUNDASWAMY S/O LATE POLICE MARIYAPPA AGED ABOUT 45 YEARS RESPONDENTS NO.2 & 3 ARE RESIDING AT DOOR NO.2971 2ND CROSS, GARADI ROAD KUKKARAHALLI, MYSORE-571 438 4. SHEELA W/O MOHANLINGAM D/O LATE POLICE MARIYAPPA AGED ABOUT 43 YEARS D NO.2163, CH 27/3A 2ND CROSS, ASHOKAPURAM MYSORE-571 438 5. SHYLA W/O SIDDAPPA D/O LATE POLICE MARIYAPPA AGED ABOUT 41 YEARS, D NO.35, 18TH CROSS JAYANAGAR, MYSORE-571 438 …RESPONDENTS (BY SRI. R.R. SACHIN, ADVOCATE FOR R5; VIDE ORDER DATED 08.01.2024 NOTICE IS HELD SUFFICIENT IN RESPECT OF RESPONDENT NOS.1 & 4) - 3 - HC-KAR NC: 2025:KHC:21678 WP No. 30201 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 22.04.2019 PASSED ON I.A.NO.12 U/S 151 OF CPC IN EXECUTION NO.323 OF 2013 ON THE FILE OF PRINCIPAL FIRST CIVIL JUDGE AND JMFC, MYSORE, ANNX-O. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioner has filed a memo to withdraw the writ petition. The memo reads as under: "The Petitioners submit that they may kindly be permitted to withdraw the above said Writ Petition with liberty to revive the Writ Petition. The impugned order has been passed by the Executing Court on I.A.No.12 in Execution No.323/2013 on 22.04.2019, the Executing Court allowed the I.A. by recalling the order dated 13.02.2019 on an application filed under Order XXI Rule 97. The Executing court permitted the Respondents Nos.2 to 4 to lead evidence on the application filed by them under Order XXI Rule 97. the said application - 4 - HC-KAR NC: 2025:KHC:21678 WP No. 30201 of 2019 came to be dismissed on 01.09.2022 as not pressed. If, the order dated 01.09.2022 is recalled, the Petitioners will be put to great hardship. Wherefore, the liberty may kindly be reserved to the petitioner to revive this Writ Petition in case the order dated 01.09.2022 is recalled. Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to permit to withdraw this Petition with liberty to revive the Writ Petition, in the interest of justice and equity." 2. In view of the aforesaid memo, the writ petition is dismissed as withdrawn with liberty to file fresh petition or review the present petition as sought in the memo. SD/- (VIJAYKUMAR A. PATIL) JUDGE SK/List No.: 1 Sl No.: 10