- 1 - NC: 2025:KHC-D:2472 WP No. 104564 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 104564 OF 2019 (GM-CPC) BETWEEN: 1. SMT. SOMI MUKUND GOUDA AGED ABOUT: 57 YEARS, OCC: HOUSEHOLD R/O: SHIRAKULI, BALEGULI, TQ: ANKOLA, DIST: UTTARA KANNADA. …PETITIONER (BY SRI. T.M NADAF, ADV) AND: 1. SRI. RATHNAKAR NAYARAN NAIK AGED MAJOR, OCC: BUSINESS, REGISTERED OWNER OF TRUCK BEARING NO.KA-30/A-4453, R/O. NEAR ARGA BUS STAND, KARWAR, DISTRICT UTTARA KANNADA. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD., DIVISIONAL OFFICE, KAIKINI ROAD, KARWAR 581301. …RESPONDENTS (BY SRI. C.V. ANGADI, ADV FOR R2 AND V/O. DATED 06.02.2019, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2472 WP No. 104564 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA., PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE PRINCIPAL SENIOR CIVIL JUDGE KARWAR IN E.C.A.NO.8/2016 AND TO QUASH THE ORDER DATED 07.12.2018 PASSED IN E.C.A NO.8/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE KARWAR ON PAYMENT APPLICATION ONLY TO THE EXTENT OF ORDERING THE REFUND OF RS.2,44,224/- IN FAVOR OF RESPONDENT NO.2 INSURANCE COMPANY, VIDE ANNEXURE-'J' AND ETC. THIS PETITION, COMING ON FOR PRL. HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) After arguing the matter for sometime, learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to make an application for release of interest amount kept in fixed deposit by the High Court for a period of three years. 2. The submission is placed on record. - 3 - NC: 2025:KHC-D:2472 WP No. 104564 of 2019 3. Accordingly, writ petition is dismissed as withdrawn with the aforesaid liberty. If the petitioner files such an application before the Execution Court, the Execution Court to consider the application and pass appropriate order in accordance with law within a period of one month from the date of filing of application. Sd/- (ASHOK S. KINAGI) JUDGE BVK CT: BSB List No.: 1 Sl No.: 9