- 1 - HC-KAR NC: 2025:KHC:25675 WP No. 15702 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15702 OF 2025 (GM-CPC) BETWEEN: SRI C.MAHESH KUMAR S/O LATE CHIKKAIAH AGED ABOUT 59 YEARS LIFE TRUSTEE, FINANCIAL ADMINISTRATOR TADIKALA SUBBAIAH TRUST R/O AT NO.601, ‘H’ BLOCK BRIGADE GATEWAY WORLD TRADE CENTRE BENGALURU – 560 022. …PETITIONER (BY SRI K.RAVISHANKAR, ADVOCATE) AND: 1. TADIKALA SUBBAIAH TRUST (R) SUBBAIAH INSTITUTE OF MEDICAL SCIENCES DULY REGISTERED UNDER THE INDIAN TRUST ACT NEAR SUBBAIAH HOSPITAL COMPLEX JAIL ROAD, SHIVAMOGGA REPRESENTED BY MANAGING TRUSTEE SRI T.SUBBARAMAIAH. 2. DR. S.NAGENDRA S/O T.SUBBARAMAIAH Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25675 WP No. 15702 of 2025 AGED ABOUT 48 YEARS TRUSTEE. 3. DR. LATHA R.TELANG D/O RAMACHANDRA TELANG AGED ABOUT 45 YEARS TRUSTEE. 4. DR. S.SRINIVAS S/O T.SUBBARAMAIAH AGED ABOUT 45 YEARS TRUSTEE. 5. DR. C.M.VINAYAKUMARI D/O MOHAN KUMAR AGED ABOUT 42 YEARS TRUSTEE. RESPONDENT NOS. 2 TO 6 ARE R/AT 3RD CROSS, GANDHINAGAR SHIVAMOGGA - 577 201. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN COM. O.S. NO.7/2025, ON THE FILE OF III ADDL., DISTRICT AND SESSIONS JUDGE AND J.M.F.C AT SHIVAMOGGA TO ISSUE WRIT OF CERTIORARI AND QUASH/MODIFY THE IMPUGNED ORDER PASSED ON MEMO DATED.22-02-2025 IN COM. O.S. NO.7/2025, ON THE FILE OF III ADDL., DISTRICT AND SESSIONS JUDGE AND J.M.F.C AT SHIVAMOGGA AT ANNEXURE-E, CONSEQUENTLY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25675 WP No. 15702 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 22.02.2025, passed by the III Additional District and Sessions Judge and JMFC, Shivamogga, in Com.O.S.No.7/2025, by which, the petitioner is though permitted to withdraw the suit on a memo filed by the petitioner but liberty to file a fresh suit on the cause of action has been denied. 2. Sri K. Ravishankar, learned counsel for the petitioner takes this Court through the order sheet maintained before the concerned Court to demonstrate that when the issue of maintainability before the concerned Court cropped up, the petitioner filed a memo at the initial stage itself, seeking permission to withdraw the suit and present it before the appropriate Court, as it was the issue of jurisdiction. The memo is answered partially by permitting withdrawal of the commercial suit by imposing costs of `10,000/-, but does not grant the liberty to the petitioner, at all times he did have in law, to file a fresh suit. - 4 - HC-KAR NC: 2025:KHC:25675 WP No. 15702 of 2025 3. In that light, the order runs counter to law and necessarily to be obliterated. 4. With the above observation the writ petition is allowed. The order impugned insofar as it denies liberty to the petitioner to file fresh suit stands quashed. The petitioner is at liberty to institute a fresh suit, if available, in law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 43