- 1 - HC-KAR NC: 2025:KHC:20611 WP No. 11562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11562 OF 2025 (GM-CPC) BETWEEN: 1. SRI. BYRAIAH,(B. BYRAPPA), SON OF LATE BYRALINGAIAH, AGED ABOUT 76 YEARS, OCCUPATION: AGRICULTURE, RESIDING AT KULUVANAHALLI VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111. …PETITIONER (BY SRI KANTHARAJU N. K., ADVOCATE) AND: 1. THIMMARAYAPPA, S/O. LATE BYRALINGAIAH, AGED ABOUT 83 YEARS, OCCUPATION: AGRICULTURE, R/AT. KULUVANAHALLI VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111. 2. GANGABYRAMMA, W/O. LATE KEMPARASAIAH, SINCE DEAD BY HER LRS. SRI. K. GANGANARASAIAH, S/O. LATE GANGABYRAMMA, AGED ABOUT 76 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20611 WP No. 11562 of 2025 OCCUPATION: RETIRED GKVK EMPLOYEE, R/AT. 4TH MAIN, 4TH CROSS, SADASHIVANAGARA, TUMKUR-572101. 3. SMT. RANGAMMA, D/O. LATE GANGABYRAMMA, AGED ABOUT 74 YEARS, OCCUPATION:HOUSEWIFE, 4. SRI. MUNIYAPPA S/O. LATE GANGABYRAMMA AGED ABOUT 72 YEARS, OCCUPATION: AGRICULTURE. 5. SRI. NARASEGOWDA, S/O. LATE GANGABYRAMMA, AGED ABOUT 70 YEARS, OCCUPATION: RETIRED EMPLOYEE 6. SMT. GANGANANJAMMA, D/O. LATE GANGABYRAMMA, AGED ABOUT 69 YEARS, OCCUPATION:HOUSEWIFE, 7. SMT. LAKSHMAMMA, D/O LATE GANGABYRAMMA, AGED ABOUT 64 YEARS, OCCUPATION:HOUSEWIFE 8. SRI. JAYARAMAIAH, S/O. LATE GANGABYRAMMA, AGED ABOUT 61 YEARS, OCCUPATION: PETTY BUSNIESS, 9. SRI. RAMAKRISHNAIAH, S/O. LATE GANGABYRAMMA, AGED ABOUT 58 YEARS, OCCUPATION:AUDITOR 10. GIRIYAMMA, W/O. LATE HANUMANTHAIAH, - 3 - HC-KAR NC: 2025:KHC:20611 WP No. 11562 of 2025 SINCE DEAD BY HER LRS. SRI. SANJEEVAIAH, S/O. LATE GIRIYAMMA, AGED ABOUT 62 YEARS, OCCUPATION:AGRICULTURE. 11. SRI. JAYARAMAIAH, S/O. LATE GIRIYAMMA, AGED ABOUT 59 YEARS, OCCUPATION: RETIRED GOVT. SERVANT 12. SMT. GANGALAKSHMAMMA D/O. LATE GIRIYAMMA, AGED ABOUT 56 YEARS, OCCUPATION: HOUSEWIFE 13. SRI. HANUMANTHA RAJU S/O. LATE GIRIYAMMA, AGED ABOUT 54 YEARS, OCCUPATION: COOLIE ALL ARE R/AT SUDHA NAGAR, KULUVANAHALLI DHAKLE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111. 14. B.N. NARASHIMA MURTHY, S/O. NARASHIJANAYAPPA, AGED ABOUT 60 YEARS, OCCUPATION: EX-CHAIRMAN FOR BASAVANHALLI, R/AT No.43, BASAVANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. 15. NINGANA GOWDA PATIL, S/O. LATE VEERANA GOWDA, AGED ABOUT 61 YEARS, OCCUPATION: NOT KNOWN TO THE PETITIONER, - 4 - HC-KAR NC: 2025:KHC:20611 WP No. 11562 of 2025 R/AT No.57/7, KRISHNA NILAYA, 2ND MAIN ROAD, GANGANAGAR EXTENSION, GANGANAGARA, BENGALURU-560032. …RESPONDENTS (BY SRI. ABHINAY Y.T., ADVOCATE FOR R1; VIDE ORDER DATED 09.06.2025 NOTICE TO R2 TO R15 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.03.2025 PASSED BY THE COURT OF THE II ADDL. CIVIL JUDGE AND JMFC NELAMANGALA IN OS No.135/2001 WHEREBY DISMISSED THE APPLICATION FILED BY THE 1ST DEFENDANT UNDER ORDER VI RULE 17 CPC FOR AMENDMENT OF WRITTEN STATEMENT IN OS No.135/2001 PRODUCED AS ANNEXURE-A. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioner after arguing the matter for some time seek leave of this Court to withdraw the petition and urge all the contentions at the appropriate time before the concerned Court. 2. Liberty so sought is granted. It is needless to observe that the concerned Court would consider all the submissions urged by the petitioner at the appropriate stage. - 5 - HC-KAR NC: 2025:KHC:20611 WP No. 11562 of 2025 3. With the aforesaid observations, the petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE MV List No.: 1 Sl No.: 15