- 1 - NC: 2025:KHC-D:826 WP No. 102392 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102392 OF 2023 (GM-CPC) BETWEEN: GEETABAI UTTAMKUMAR RATHOD, AGE: 44 YEARS, OCC: HOMEMAKER, R/O. GOKAK-591306, TQ: GOKAK, DIST: BELAGAVI. …PETITIONER (BY SRI. C.S. SHETTAR, ADVOCATE) AND: 1. GANESHMALL BHAGAWANJI RATHOD, AGE: 79 YEARS, OCC: BUSINESS, R/O. COURT CIRCLE, GOKAK-591306, TQ: GOKAK, DIST: BELAGAVI. 2. ASHOKKUMAR GANESHMALL RATHOD, AGE: 59 YEARS, OCC: BUSINESS, R/O. BASAVANAGAR, GANGADHAM SOCIETY, GOKAK-591306, DIST: BELAGAVI. 3. ANIL GANESHMALL RATHOD, AGE: 56 YEARS, OCC: BUSINESS, R/O. BAGAVASHEELA KOTA, GOKAK-591306, DIST: BELAGAVI. 4. JAYANTIBAI GANESHMALL RATHOD, AGE: 76 YEARS, OCC: HOMEMAKER, R/O. COURT CIRCLE, GOKAK-591306, TQ: GOKAK, DIST: BELAGAVI. 5. RAJU GANESHMALL RATHOD, AGE: 55 YEARS, OCC: BUSINESS, R/O. KATAGALLI, GOKAK-591306, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1-R4; SRI. ABHISHEK L. KALLED, ADVOCATE FOR R5) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:826 WP No. 102392 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY LEARNED PRINCIPAL SENIOR CIVIL JUDGE AT GOKAK IN O.S. NO. 186/2019 ON I.A NO IX DATED 14.03.2023 VIDE ANNEXURE -H AND THEREBY ALLOW THE APPLICATION; ISSUE WRIT IN THE NATURE OF DIRECTION TO THE TRAIL COURT TO HEAR THIS PETITIONER ON I.A NO VIII VIDE ANNEXURE-D AND DECIDE THE SAME ON MERITS BY SETTING ASIDE THE DIRECTIONS ISSUED TO THIS PETITIONER TO PAY THE DEFICIT COURT FEE VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: A) Issue a Writ of Certiorari quashing the impugned order passed by Learned Principal Senior Civil Judge at Gokak in O.S. No.186/2019 on I.A No ix dated 14.03.2023 vide ANNEXURE-H and thereby allow the application. B) Issue writ in the nature of direction to the Trail Court to hear this Petitioner on I.A No VIII vide Annexure-D and decide the same on merits by setting aside the directions issued to this Petitioner to pay the deficit Court Fee vide ANNEXURE-H. C) Pass any other orders which this Hon’ble Court deems fit. 2. A memo dated 18.01.2025 has been filed which is signed by the sole petitioner and the counsel for the petitioner, it reads as under : - 3 - NC: 2025:KHC-D:826 WP No. 102392 of 2023 “It is submitted that pending this petition, at the intervention of elders, parties have amicably agreed to resolve the lis. Hence, this petitioner does not wish to prosecute the petition. Therefore, it is most humbly prayed that the Hon’ble Court may kindly be pleased to permit this petitioner to withdraw the writ petition, in the interest of justice and equity.” 3. Accepting the said memo and the submission of learned counsel for the petitioner, petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 90