- 1 - HC-KAR NC: 2025:KHC-D:16224 WP No. 107600 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107600 OF 2024 (GM-CPC) BETWEEN: 1. SRI. NAYAKARA GOPALA S/O NAYAKARA HANUMANTHAPPA, AGED ABOUT 53 YEARS, OCC. AGRICULTURE, 2. SRI. NAYAKARA NEELAKHANTHAPPA S/O NAYAKARA HANUMANTHAPPA, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, 3. SRI. NAYAKARA ERAPPA S/O NAYAKARA HANUMANTHAPPA, AGED ABOUT 43 YEARS, OCC. AGRICULTURE, ALL ARE R/O GUDUDUR, TQ. BALLARI, DIST. BALLARI-583 103. … PETITIONERS (BY SMT. GAYATRI S.R., ADVOCATE) AND: 1. SMT. T. VEMALAMMA W/O T. NARAYANA REDDY, AGED ABOUT 63 YEARS, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.26 11:35:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16224 WP No. 107600 of 2024 OCC. AGRICULTURE, 2. SRI. T. NARAYANA REDDY S/O T. VEKANNA REDDY, AGED ABOUT 73 YEARS, OCC. AGRICULTURE, BOTH ARE R/O GUDUDUR, TQ. BALLARI, DIST. BALLARI-583 103. … RESPONDENTS (BY SRI. GODE NAGARAJ, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE V ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN EX. C. NO.32/2022 AND QUASH THE ORDER DATED 30.08.2023 AND 08.11.02023 AND 11.09.2024, PASSED BY THE V ADDITIONAL CIVIL JUDGE AND JMFC BALLARI, IN EX. C. NO.32/2022, VIDE ANNEXURE-‘K’, ‘M’ AND ‘N’ THEREBY COMMITTING THE PETITIONER TO CIVIL PRISON FOR A PERIOD OF 30 DAYS AND ISSUING DELIVERY WARRANT FOR POSSESSION OF SUIT PROPERTY BY REMOVING THE IP SETS AND CONSTRUCTIONS ON THE PROPERTY, BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS COURT MAY DEEMS FIT TO ISSUE IN THE CIRCUMSTANCES THE CASE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16224 WP No. 107600 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) A memo is filed seeking leave of the Court to withdraw the petition. 2. Petition is filed assailing the order passed in Execution Petition. 3. It is submitted that the appeal is pending against the decree passed in the Original Suit. 4. Petition is dismissed as withdrawn. However, withdrawal of the petition should not be construed of having reflected any opinion on the merits of the appeal pending. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 1 SL NO.: 49