- 1 - NC: 2025:KHC-D:403 WP No. 108582 of 2019 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. 108582 OF 2019 (GM-CPC) BETWEEN: NAGARAJ, S/O. VISHWANATH SHAVI AGED ABOUT: 37 YEARS, OCC: BUSINESS, R/O: FIRST FLOOR, BHAGYALAXMI COMPLEX, NEAR RAMESH BHAVAN, KESHWAPUR, HUBBALLI-23. …PETITIONER (BY SRI. SANTOSH B. MANE, ADVOCATE) AND: 1. UMESH. S/O. GURUSIDDAPPA UPPIN AGED ABOUT: 51 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: VIDYANAGAR, HUBBALLI. 2. SATISH GURUSIDDAPPA UPPIN AGED ABOUT: 56 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: VIDYANAGAR, HUBBALLI. Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA Date: 2025.01.15 14:45:47 +0530 - 2 - NC: 2025:KHC-D:403 WP No. 108582 of 2019 3. M/S. OMKAR DEVELOPERS AND BUILDERS REPRESENTED BY SRI. NAGARAJ VISHWANATH SHAVI, AGED ABOUT: 37 YEARS, R/O: FIRST FLOOR, BHAGYALAXMI COMPLEX, NEAR RAMESH BHAVAN, KESHWAPUR, HUBBALLI-23. …RESPONDENTS (BY SRI. B.D. HEGDE AND RAJESH B.R., ADVOCATES; NOTICE TO R3 IS DISPENSED WITH V/O. DATED 25.03.2022) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 06.03.2019 PASSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE HUBBALLI IN MA NO. 27/2018 VIDE ANNEXURE-J WHEREBY SETTING ASIDE THE WELL CONSIDERED ORDER DATED 14.08.2018 PASSED BY THE III ADDITIONAL CIVIL JUDGE HUBBALLI ON I.A.NO.III IN O.S.NO.409/2018 VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - NC: 2025:KHC-D:403 WP No. 108582 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) After arguing the matter for sometimes, learned counsel for the petitioner seeks leave of the Court to withdraw the writ petition with a liberty to file necessary applications in OS No.85/2020. Submission is placed on record. Writ petition is dismissed as withdrawn with the aforesaid liberty. Sd/- (ASHOK S. KINAGI) JUDGE HMB LIST NO.: 1 SL NO.: 6