- 1 - NC: 2025:KHC-D:417 WP No. 146501 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 146501 OF 2020 (GM-CPC) BETWEEN: SUDHEER RAMDAS MALGIKAR AGED ABOUT: 53 YEARS, OCCU: BUSINESS R/O: RAYARAPETE OPP. TO VENKATARAMANA TEMPLE, SIRSI. …PETITIONER (BY SRI. GODE NAGARAJA, ADVOCATE) AND: SHRIKANT RAMDAS MALGIKAR SINCE DEAD BY HIS LRS. 1. SMT. SUKANYA SHRIKANT MALGIKAR AGED ABOUT: 51 YEARS, HOUSEWIFE, R/O: RAYARAPETE OPP. TO VENKATARAMANA TEMPLE, SIRSI-551401. 2. KUMARI SUKRUTHA AMMINNI SHRIKANT MALGIKAR MINOR REPRESENTED BY HER MOTHER AS NATURAL GUARDIAN, SMT. SUKANYA Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:417 WP No. 146501 of 2020 SHRIKANT MALGIKAR R/O: RAYARAPETE OPP. TO VENKATRAMANA TEMPLE, SIRSI-551401. …RESPONDENTS (NOTICE TO R1 IS SERVED AND R2 IS MINOR, R/BY NATURAL GUARDIAN MOTHER R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITTUTION OF INDIA PRAYING TO; 1) ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDERS ON IA NO.II DATED 02.03.2018 PASSED BY THE II ADDL. CIVIL JUDGE, SIRSI VIDE ANNEXURE-E. 2) PASS ANY ORDER APPROPRIATE ORDER/S WHICHEVER DEEMS FIT TO THIS HON’BLE COURT, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRL. HEARING IN ‘B’ GROUP, THIS DAY, COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - NC: 2025:KHC-D:417 WP No. 146501 of 2020 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 the court to withdraw the writ petition with liberty to pursue I.A.No.5. He also submits that a direction be issued to the trial court to dispose of I.A.No.5. His submission is placed on record. Accordingly, the writ petition is dismissed as withdrawn with the aforesaid liberty. The trial court is directed to dispose of I.A.No.5, in accordance with law, within one month from the date of receipt of copy of this order. Sd/- (ASHOK S. KINAGI) JUDGE MBS CT: BSB List No.: 1 Sl No.: 16