- 1 - HC-KAR NC: 2025:KHC-D:16398 WP No. 108812 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108812 OF 2025 (GM-CON) BETWEEN: 1. SMT. ANNAPURNA W/O. BASAVARAJ UPPIN AGE: MAJOR, OCC: HOUSEHOLD R/O. VINAYAKPET, TQ: NAVALGUND, DIST: DHARWAD-582208. 2. PRASHANT S/O. BASAVARAJ UPPPIN AGE: MAJOR, OCC: EMPLOYED, R/O. VINAYAKPET, TQ: NAVALGUND, DIST: DHARWAD-582208. 3. PRADEEP S/O. BASVARAJ UPPIN AGE: MAJOR, OCC: EMPLOYED, R/O. VINAYAKPET TQ. NAVALGUND, DIST: DHARWAD-582208. 4. BALAJI S/O. BASAVARAJ UPPIN AGE: MAJOR, OCC: EMPLOYED, R/O. VINAYAKPET, TQ: NAVALGUND, DIST: DHARWAD-582208. …PETITIONERS (BY SRI. S.A. SONDUR, ADVOCATE) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.02 11:53:24 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16398 WP No. 108812 of 2025 AND: 1. SRI. MALSIDDAPPA S/O. MALKAJAPPA AGE: MAJOR, OCC: PROPRIETOR, M/S. M.M.UPPIN COTTON MERCHANT R/O. NO.54, CANCER HOSPITAL QUARTERS NAVANAGAR, TQ: HUBBALLI, DHARWAD – 580025. 2. IRAPPA SHANKARAPPA KESARAPPANAVAR AGE: MAJOR, OCC: PARTNER, M/S. ANNAPURNESHWARI COTTON COMPANY, R/O. VINAYAK, TQ: NAVALGUND, DIST: DHARWAD-582208. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 13.12.2024 PASSED IN E.A. NO.64/2021 ON THE FILE OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DHARWAD, VIDE ANNEXURE-K AND ALLOW THE MEMO FILED BY THE PETITIONERS FOR RESTITUTION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16398 WP No. 108812 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: 1. Issue a Writ in the nature of ceritiorari quashing the impugned order dated 13.12.2024 passed in E.A. No.64/2021 on the file of District Consumer Disputes Redressal Commission, Dharwad, vide Annexure-K and allow the memo filed by the Petitioners for restitution, in the interest of justice and equity. 2. Any other reliefs this Hon’ble Court deems fit for the facts and circumstances of the case may pleased be granted in favour of the Petitioners. 2. Learned counsel for the petitioner submits that the proceedings before the Consumer Forum is turned down on the score that there is no application filed seeking restitution but only a memo filed. The petitioner thus files a memo seeking withdrawal of the petition. 3. The memo reads thus: “ The petitioners above named most respectfully submits as under: That, the present petition arises out of order dated 13.12.2025 passed in E.A. No.64/2021 on the file of District Consumer Disputes Redressal Commission, Dharwad, vide Annexure-K whereby the memo for restitution filed by the - 4 - HC-KAR NC: 2025:KHC-D:16398 WP No. 108812 of 2025 petitioners has been rejected on the ground that, no application has been filed. Hence, the Petitioners seek to withdraw the present petition with liberty to file an application afresh for restitution for return of money paid during the execution proceedings. Hence, with aforementioned liberty the Petitioner may kindly be permitted to withdrawn, in the interest of justice and equity.” 4. In the light of the memo so filed, the petitioner is reserved liberty to file an application and seek the remedy that he has sought for through a memo. It is needless to observe that the Consumer Forum would not be influenced by its earlier order while considering the case on its merit. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT:ANB