- 1 - NC: 2025:KHC-D:2673 WP No. 102767 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102767 OF 2022 (GM-CPC) BETWEEN: MALLAYYA S/O. RUDRAYYA HIREMATH AGED 68 YEARS, OCC. AGRICULTURE, R/O. PATTADAKAL, TALUK. BADAMI, DISTRICT. BAGALKOT. …PETITIONER (BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE) AND: 1. SMT. IRAVVA @ PARWATEWWA W/O. SHIVARACHAYYA RACHAPPAYYNAMTH, AGED ABOUT 81 YEARS, OCC. AGRICULTURE, R/O. PATTADAKAL, TALUK. BADAMI-587201. 2. SMT. ANNAKKA W/O. PRABHAYYA JADIMATH AGED ABOUT 49 YEARS, OCC. HOUSEHOLD WORK, R/O. ALAMATTI, TALUK. BASAVANA BAGEWADI-587201. 3. SRI. RACHAYYA S/O. SHIVARACHAYYA RACHAPAYYANAMTH, AGED ABOUT 49 YEARS, OCC. AGRICULTURE, R/O. PATTADAKAL, TALUK. BADAMI-587201. 4. SRI. RACHAYYA S/O. SHIVAMURTAYYA JADIMATH, AGED ABOUT 49 YEARS, OCC. AGRICULTURE, R/O. PATTADAKAL, TALUK. BADAMI-587201. …RESPONDENTS (BY SRI. VIJAYENDRA S. BHIMAKKANAVAR, ADV. FOR R3; NOTICE TO R1 AND R2 ARE SERVED; NOTICE TO R4 IS DISPENSED WITH) GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2673 WP No. 102767 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 07.07.2022 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC., BADAMI IN EX 42/2015 WHICH IS PRODUCED AT ANNEXURE-G AND CONSEQUENTLY DISMISS I.A.NO.3. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of certiorari quashing the order dated 07.07.2022 passed by the Principal Civil Judge and JMFC., Badami in EX 42/2015 which is produced at Annexure-G and consequently dismiss I.A.No.3. b) Issue such other writ, order or direction as deemed fit in the interest of justice and equity. 2. Memo dated 11.02.2025 has been filed signed by the counsel for the petitioner, which reads as under: “The undersigned herein most respectfully seeks the leave of this Hon’ble Court to withdraw the writ petition with a liberty to raise all the contentions in O.S.No.48/2019 pending on the file of the Prl.Civil Judge Senior Division, Badami, in the interest of justice and equity.” - 3 - NC: 2025:KHC-D:2673 WP No. 102767 of 2022 3. Accepting the said memo and submission of counsel for the petitioner, petition is dismissed as withdrawn, reserving liberty to raise all contentions in O.S.No.48/2019. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 69