- 1 - HC-KAR NC: 2025:KHC:52305 WP No. 25974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 25974 OF 2025 (GM-CPC) BETWEEN: MR EUGENE WINIFRED S/O SRI AROCKIASWAMY GEORGE (DECEASED) AGED 41 YEARS, R/AT NO. 11 (NEW NO.9) 4TH MAIN, S.K.GARDEN BENSON TOWN POST BENGALURU - 560 046 …PETITIONER (BY SRI. S V BHAT.,ADVOCATE) AND: 1. DR G JASAVAROYAN S/O LATE AROCKIASWAMY GEORGE, AGED 65 YEARS NO.25/1, 2ND CROSS, S.K.GARDEN, BENSON TOWN POST OFFICE, BENGALURU - 560 046 2. MR. G CLEMENT MARIA RAJ S/O LATE AROCKIASWAMY GEORGE AGED 60 YEARS FLAT NO. 403, INDIRA RESIDENCY, NO. 167, HENNUR CROSS, HENNUR MAIN ROAD, KALYAN NAGAR BENGALURU - 560 043 3. SRI G AGNEL A GEORGE S/O LATE AROCKIASWAMY GEORGE AGED 58 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52305 WP No. 25974 of 2025 CHERRY INTERNATIONAL INC. NO. 805 10620 ISO STREET, SURREY BCV3R751, CANADA, AND ALSO AT NO. 25/1 2ND CROSS, S.K.GARDEN BENSON TOWN POST OFFICE BENGALURU - 560 046 4. MRS. G MARIA NIRMALA SOPHIA @ SUMMY AGED 61 YEARS, D/O LATE AROCKIASWAMY GEORGE AND WIFE OF P DOMINIC SAVIO, R/AT NO. 41/1, 4TH CROSS S.K.GARDEN, BENSON TOWN PO, BENGLAURU - 560 046. …RESPONDENTS (BY SRI. ARJUN REGO., ADVOCATE FOR R-1; NOTICE SERVED TO R-2 & R-3 & DISPENSED WITH V.O.D 24.11.2025) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON IA NO. 11 DATED 22.07.2025 IN OS NO. 25977/2013 ON THE FILE OF THE LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE MAYOHALL AT BENGALURU VIDE ANNEXURE-G AND ALLOW THE APPLICATION IN IA NO. 11 FILED BY THE PETITIONER UNDER ORDER VI RULE 16 OF CPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR - 3 - HC-KAR NC: 2025:KHC:52305 WP No. 25974 of 2025 ORAL ORDER Heard Sri S.V. Bhat, learned counsel for petitioner as well as Sri Arjun Rego, learned counsel for Respondent No.1. 2. After arguing the matter for some time, learned counsel for petitioner seeks leave of this Court to withdraw the petition with liberty to the petitioner to make an application before the trial Court for the appropriate reliefs. 3. Leave is granted. Accordingly, the writ petition is dismissed as withdrawn with liberty to the petitioner to make an application before the trial Court for the appropriate reliefs, if he is so advised. 4. If such an application is made, the trial Court shall consider and pass orders strictly in accordance with law. 5. The suit is of the year 2013 and now we are in the year 2025 and therefore, the trial Court is directed to - 4 - HC-KAR NC: 2025:KHC:52305 WP No. 25974 of 2025 dispose of the matter within one month from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 61