- 1 - HC-KAR NC: 2025:KHC:26056 WP No. 5109 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5109 OF 2025 (GM-CPC) BETWEEN: 1. SRI. G.S. DEEPAK S/O. G. SHANKARAPPA GOWDRU, AGED ABOUT 52 YEARS, R/O. GOPPENAHALLI VILLAGE, CHANNAGIRI TALUK - 577 213. 2. SRI. G.S. MAHADEVAPPA, S/O. G. SIDDAPPA, AGED ABOUT 69 YEARS, R/O. MARAVANJI VILLAGE, CHANNAGIRI TALUK - 577 213. …PETITIONERS (BY SRI. VARADARAJ RANGANATHA RAO HAVALDAR, ADVOCATE) AND: 1. SMT. SUMA CHANDRASHEKAR W/O.CHANDRASHEKAR J.V D/O. AJJAPPA, AGED ABOUT 47 YEARS, R/O.NO.29, 'OM', OPP: SHIVALAYA, BASAVESHWARANAGARA, SHIMOGA - 577 201. 2. SRI. G. AJJAPPA, S/O. GURULINGAPPA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26056 WP No. 5109 of 2025 AGED ABOUT 89 YEARS, 3. SMT. V.G. LALITHAMMA, W/O. G.AJJAPPA AGED ABOUT 76 YEARS, 4. SRI. G.A. VIJAY PATEL S/O G AJJAPA, AGED ABOUT 52 YEARS, N.1 TO 3 ARE R/O LAITHA MAHAL, KRUSHINAGARA MAIN ROAD, SHIMOGA - 577 201. 5. SRI. G.A. PRAKASH, S/O. G. AJJAPPA, AGED ABOUT 58 YEARS, R/O.SREE VEERABHADRESHWARA NILAYA, III CROSS, 'A' BLOCK, SHARAVATHI NAGARA SHIMOGA - 577 201. 6. SRI. G.A. ASHOK, S/O. G. AJJAPPA, AGED ABOUT 56 YEARS, R/O. LALITHA SADANA, TANK BUND ROAD, NEAR MEENAKSHI BHAVAN, SHIMOGA - 577 201. 7. SRI. G.A. SURESH, S/O. G. AJJAPPA, AGED ABOUT 54 YEARS, R/O. BEHIND PETROL BUNK, SAVALANGA ROAD, BASAVESHWARA NAGARA, - 3 - HC-KAR NC: 2025:KHC:26056 WP No. 5109 of 2025 SHIMOGA - 577 201. …RESPONDENTS (R1 - SERVED - UNREPRESENTED; VIDE ORDER DATED 28.03.2025, NOTICE TO R2 TO R10 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS OF THE COURT OF 1ST ADDL. SENIOR CIVIL JUDE AND CJM AT SHIMOGA IN O.S.NO.133/2023, INCLUDING THE IMPUGNED ORDER DATED- 17.09.2024, (ANNEXURE-A), FOR VERIFYING THE FACTUAL CORRECTNESS AND LEGALITY OF THE SAME AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioners files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "MEMO FILED ON BEHALF OF PETITIONERS 1. Petitioners, named above, have questioned in the writ, factual correctness and legality of order dated: 17.09.2024, passed in O.S.No.133/2023, by the court of 1st Addl. Senior Civil Judge & CJM, Shimoga, whereby the said court rejected I.A. - 4 - HC-KAR NC: 2025:KHC:26056 WP No. 5109 of 2025 No.IV filed under Order I Rule 10(2) CPC for striking down their names from the suit. 2. Plaintiff and contesting defendants in O.S.No.133/2023, settled the matter. A memo was filed by the plaintiff and stating that the matter has been settled out of court and sought for dismissal of the suit. In view of such memo filed by plaintiff, Ld. Trial Court vide order dated: 03.05.2025 closed the suit as with withdrawn. Copy of the said order of Ld. Trial Court is dated:03.05.2025. 3. In the circumstances, petitioners do not wish to pursue the writ. WHEREFORE, it is prayed that this Hon'ble Court be pleased to close the writ as not pressed in the ends of justice.". In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 11 CT: BHK