- 1 - NC: 2025:KHC:13919 WP No. 35954 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35954 OF 2024 (GM-CPC) BETWEEN: 1. SMT DHANDIGAMMA W/O LATE PATHAIAH AGED ABOUT 86 YEARS 2. MAHALINGAIAH S/O LATE PATHAIAH AGED ABOUT 69 YEARS 3. DANDIGAIAH S/O LATE PATHAIAH AGED ABOUT 67 YEARS 4. SANNAPPA @ SANNAIAH S/O LATE PATHAIAH AGED ABOUT 65 YEARS 5. RAJANNA S/O LATE PATHAIAH AGED ABOUT 61 YEARS 6. SHIVANNA K P S/O LATE PATHAIAH AGED ABOUT 44 YEARS 7. NINGARAJU K P S/O LATE PATHAIAH AGED ABOUT 41 YEARS ALL ARE R/AT KONDAPURA VILLAGE GALAGA MAJARE, KASABA HOBLI GUBBI TALUK 572 216 TUMAKURU DISTRICT …PETITIONERS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:13919 WP No. 35954 of 2024 (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) AND: 1. VENKATESHAIAH S/O LATE MUNIVENKATAPPA AGED ABOUT 61 YEARS CHRISTIAN COLONY,GUBBI TALUK TUMAKURU DISTRICT-572 216. 2. SMT VARALAKSHMAMMA W/O LATE VENKATAPPA AGED ABOUT 66 YEARS 3. TRIVENI D/O LATE VENKATAPPA AGED ABOUT 41 YEARS 4. MAMATHA D/O LATE VENKATAPPA AGED ABOUT 39 YEARS 5. SUJATHA D/O LATE VENKATAPPA AGED ABOUT 37 YEARS 6. GEETHA D/O LATE VENKATAPPA AGED ABOUT 35 YEARS 7. ASHWINI D/O LATE VENKATAPPA AGED ABOUT 33 YEARS 8. DIVYA D/O LATE VENKATAPPA AGED ABOUT 31 YEARS ALL ARE R/AT OBALLI VILLAGE BILIGERE GATE KASABA, GUBBI TALUK TUMAKURU DISTRICT-572 216. …RESPONDENTS (BY SRI.S.G. HEGDE., ADVOCATE FOR R1 TO R8) - 3 - NC: 2025:KHC:13919 WP No. 35954 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED: 18.12.2024 PASSED ON IA NO. X IN OS NO. 100/2023 ON THE FILE OF THE ADDL. SR. CIVIL JUDGE AND JMFC, GUBBI UNDER ANNEXURE-W AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs, challenging the order dated 18.12.2024 passed by the Additional Senior Civil Judge and JMFC, Gubbi on I.A.No.X filed under Order XXVI Rule 9 of CPC in O.S.No.100/2023, whereby the said application has been rejected by the trial Court. 2. After arguing the matter for sometime, the learned counsel appearing for the petitioners has submitted that petitioners may be permitted to withdraw the writ petition and may be permitted to file an application in terms of the order passed by this Court in W.P.No.31217/2024 disposed of on 21.11.2024. - 4 - NC: 2025:KHC:13919 WP No. 35954 of 2024 3. In view of the above, the writ petition is dismissed as withdrawn. 4. The petitioners are permitted to file the application in terms of the order passed by this Court in W.P.No.31217/2024. 5. In view of dismissal of petition, all pending I.As., if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 52