- 1 - HC-KAR NC: 2025:KHC:23363 W.P. No.9871/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.9871/2020 (GM-CPC) BETWEEN: SRI. DAYANAND PAI S/O LATE P. NARASIMHA PAI AGED ABOUT 74 YEARS NO.10/1, PALACE ROAD BANGALORE 560052. …PETITIONER (BY SRI. CHANDAN K, ADV.,) AND: 1. M/S. GOLD ENTERPRISES A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO 79/1, 2ND CROSS ROAD LAVELLE ROAD, BANGALORE 560001 REP. BY ITS MANAGING PARTNERS. 2. MR. MOHAMMED SHABBIR S/O HAJI ISMAIL SAIT AGED ABOUT 55 YEARS. 3. MRS. NIKHITHA SHABBIR W/O MOHAMMED SHABBIR AGED ABOUT 40 YEARS. BOTH ARE R/AT. NO.79/1 2ND CROSS ROAD, LAVELLE ROAD BANGALORE 560001. …RESPONDENTS (BY SMT. BHARATHI PATIL, ADV., FOR R1 TO R3) Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:23363 W.P. No.9871/2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY WRIT QUASHING THE IMPUGNED ORDER DATED 12.06.2020 PASSED BY THE COURT OF XVII ADDITIONAL CITY CIVIL JUDGE AND SESSION JUDGE AT BANGALORE (CCH-16) IN EX.NO.582/2019 WHEREIN THE EXECUTION COURT HAS ALLOWED THE APPLICATION FILED BY R-1 TO ATTACH THE MOVABLE WHICH BELONG TO M/S CENTURY REAL ESTATE HOLDINGS PRIVATE LIMITED AND MADHUVAN. THE IMPUGNED ORDER DATED 12.06.2020 IS PRODUCED AT ANNEXURE-A AND THE APPLICATION FILED BY R-1 IS PRODUCED AS ANNEXURE-B TO THIS WRIT PETITION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 dated 01.07.2025 seeking to withdraw the writ petition. 2. Memo reads as under: "The Counsel for Petitioner most respectfully submits that, the Petitioner herein has filed RFA No.1080/2018 challenging the judgment and decree passed by the Learned Trial Court in O.S.No.8749/2012. In the aforesaid RFA this Hon'ble Court was pleased to stay the judgment and decree passed in O.S.No.8749/2012 and the said RFA is pending for adjudication before this Hon'ble Court. In the light of the aforesaid submissions, the Petitioner - 3 - HC-KAR NC: 2025:KHC:23363 W.P. No.9871/2020 herein seeks to withdraw the captioned Writ Petition, in the interest of justice and equity." 3. The said memo is placed on record. 4. In view of the said memo, petition is dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 44