- 1 - HC-KAR NC: 2025:KHC:24527 WP No. 19221 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19221 OF 2025 (GM-CPC) BETWEEN: SRI. RAJARAM SHETTY S/O LATE SADASHIVA SHETTY AGED ABOUT 33 YEARS RESIDING AT MALADI THEKKATTE VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT-576 231 …PETITIONER (BY SRI. AJITH A SHETTY, ADVOCATE) AND: 1. SMT. JAYAMMA D/O LATE SMT. SUSHEELA SHEDTHI AGED ABOUT 62 YEARS RESIDING AT KAVADIMANE, MALADI THEKKATTE VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT-576 231 2. RATHNAVATHI D/O GURURAJ UPADHYAYA AGED ABOUT 80 YEARS 13/119, C 4 B BLOCK, DDA FLAT JANAKIPURI COLONY NEW DELHI- 110058 3. NIRANJAN UPADHYA S/O LATE SRIDHAR UPADHYAYA AGED ABOUT 40 YEARS 4. RADHIKA D/O LATE SRIDHAR UPADHYAYA AGED ABOUT 36 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24527 WP No. 19221 of 2025 5. DINESH UPADHYAYA S/O LATE SRIDHAR UPADHYAYA AGED ABOUT 34 YEARS RESPONDENTS 3 TO 5 RESIDE AT SOWMYA, KUMBASHI VILLAGE KUNDAPURA TALUK, UDUPI- 576257 6. N. CHANDRASHEKAR MADHYASTHA HUSBAND OF LATE SMT. SUMATHI AGED ABOUT 82 YEARS 7. SHRIMATHI D/O CHANDRASHEKAR MADHYASTHA AGED ABOUT 50 YEARS 8. SUBRAMANYA S/O CHANDRASHEKAR MADHYASTHA AGED ABOUT 48 YEARS 9. MALATHI D/O CHANDRASHEKAR MADHYASTHA AGED ABOUT 46 YEARS 10. GANESH S/O CHANDRASHEKAR MADHYASTHA AGED ABOUT 40 YEARS RESPONDENTS 6 TO 10 RESIDE AT BHAGAVATHI, MIG 11/45, KHB COLONY, GADAG-582157. 11. THE ASSISTANT DIRECTOR OF LAND RECORDS KUNDAPURA TALUK, UDUPI-576 201 12. THE STATE OF KARNATAKA REPRESENTED HEREIN BY THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-576 201 …RESPONDENTS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR CAVEATOR/RESPONDENT NO.1; - 3 - HC-KAR NC: 2025:KHC:24527 WP No. 19221 of 2025 SRI. NEELAKANTAPPA PUJAR, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.11 AND 12) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30TH MAY 2025 PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, KUNDAPURA IN ORIGINAL SUIT NO. 490 OF 2022 AS PER ANNEXURE -G AND ETC. THIS 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 at length would seek leave of this Court to withdraw the writ petition and to file appropriate application before the concerned Court for formation of road not with the assistance of the police but by himself. 2. Reserving liberty, this petition stands disposed of. 3. The contention of the respondents shall remain open to be urged, in the event, such application is filed before the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE PMR/List No.: 1 Sl No.: 91