- 1 - HC-KAR NC: 2025:KHC:40980 WP No. 27217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.27217 OF 2025 (GM-CPC) BETWEEN: MR.SACHIN. K. S. S/O MR. SUBRAMANYA, AGED ABOUT 41 YEARS, R/AT NO.217, 6TH CROSS, MICO LAYOUT BTM LAYOUT 2ND STAGE BENGALURU - 560 076 &PETITIONER (BY SRI. SANDEEP LAHIRI.,ADVOCATE) AND: 1. M/S. J.P. NAGAR CULTURAL ASSOCIATION A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, HAVING ITS REGISTERED OFFICE AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 REP. BY ITS SECRETARY. 2. MR.SRIDHAR M SECRETARY TO M/S JP NAGAR CULTURAL ASSOCIATION S/O LATE MUNIYAPPA AGED ABOUT 49 YEARS R/AT NO.43, P-1, 3RD CROSS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40980 WP No. 27217 of 2025 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 3. PROF.MUTHE GOWDA PRESIDENT OF M/S JP NAGAR CULTURAL ASSOCIATION S/O NOT KNOWN TO THE PLAINTIFF MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 4. NANDISH A.G VICE PRESIDENT TO M/S JP NAGAR CULTURAL ASSOCIATION S/O LATE MUNIYAPPA AGED ABOUT 49 YEARS R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 5. C.D.DEVARAJ TREASURER OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 6. NINGE GOWDA B N IMMEDIATE PAST PRESIDENT OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE, BENGALURU - 560 078 - 3 - HC-KAR NC: 2025:KHC:40980 WP No. 27217 of 2025 7. SURESH L EXECUTIVE COMMITTEE MEMBER OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 8. NAGESH C EXECUTIVE COMMITTEE MEMBER OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 9. KRISHNA MURTHY B EXECUTIVE COMMITTEE MEMBER OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 10. RAMACHANDRA C N EXECUTIVE COMMITTEE MEMBER OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 11. DR. CHANDRASHEKAR B EXECUTIVE COMMITTEE MEMBER OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS - 4 - HC-KAR NC: 2025:KHC:40980 WP No. 27217 of 2025 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 12. NAGENDRA. H.S EXECUTIVE COMMITTEE MEMBER OF M/S JP NAGAR CULTURAL ASSOCIATION MAJOR R/AT NO.43, P-1, 3RD CROSS 19TH A MAIN, JP NAGAR 2ND PHASE BENGALURU - 560 078 & RESPONDENTS THIS WP IS FILED PRAYING TO SET ASIDE THE ORDER DATED 18.08.2025 PASSED BY THE LEARNED XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE IN O.S.NO.1590/2025 IN ADJOURNING THE SUIT TO 08.10.2025 FOR OBJECTIONS TO IA NO.4 (ANNEXURE A) AND TO CONSEQUENTLY ALLOW THE APPLICATION OF THE PLAINTIFF IN IA NO.4 DATED 23.07.2025 FILED UNDER ORDER XXIII RULE 1 R/W SECTION 151 OF CPC THEREBY PERMITTING THE PETITIONER TO WITHDRAW THE SUIT IN O.S.NO.1590/2025 WITH LIBERTY TO FILE FRESH SUIT (ANNEXURE B). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 5 - HC-KAR NC: 2025:KHC:40980 WP No. 27217 of 2025 ORAL ORDER Heard learned counsel for petitioner. 2. This Court does not find any need to issue notice to the respondents. 3. Petitioner is the plaintiff before the trial Court in O.S. No.1590/2025. He filed the suit for the relief of declaration and other reliefs. During the pendency of the suit, the petitioner filed I.A. No.4 under Order XXIII Rule 1 r/w Section 151 of CPC for withdrawal of the suit with liberty to file fresh suit. Though this application came to be filed, the trial Court did not permit the petitioner/plaintiff to withdraw the suit as the respondents/defendants sought time to file objections to the said application and the matter was adjourned by an order dated 18.08.2025. The petitioner9s grievance is that he may lose his rights if he is not permitted to withdraw the suit. Hence, the petitioner prays for allowing I.A. No.4 and to permit him to withdraw the suit. Under the circumstances, this Court deems it appropriate to direct the trial Court to decide - 6 - HC-KAR NC: 2025:KHC:40980 WP No. 27217 of 2025 I.A. No.4 expeditiously after considering the objections, if any of respondents. Accordingly, I pass the following: O R D E R i) The petition is disposed of with a direction to XXIX Addl. City Civil & Sessions Judge, Bengaluru to dispose of I.A. No.4 filed under Order XXIII Rule 1 r/w Section 151 of CPC within a period of ten working days from the date of receipt of copy of this order, in accordance with law. ii) It is made clear that this Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 38