- 1 - HC-KAR NC: 2025:KHC-D:10312 WP No. 105770 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105770 OF 2025 (GM-CPC) BETWEEN: SMT LAKSHMAMMA W/O. KADEKOLA MALLAIAH @ HULIKUNTE MALLAIAH AGE 67 YEARS OCC HOUSE WIFE R/O. MADAKALA KATTE VILLAGE TAL: KUDLIGI DIST: VIJAYANAGAR HOSPETH-583135. …PETITIONER (BY SRI. M S HARAVI, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDI BANGALURU-560001. 2. THE TAHASILDAR KUDLIGI TALUKA, KUDLIGI DIST VIJAYANAGAR-HOSPETH 583135 3. THE DEPUTY TAHASILDAR NADA KACHERI, GUDEKOTE TAL KUDLIGI DIST VIJAYANAGAR HOSPETH-583135. 4. THE REVENUE INSPECTOR GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.19 15:27:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10312 WP No. 105770 of 2025 GODEKOTE HOBLI NADA KACHERI OFFICE, GUDEKOTE TAL KUDLIGI DIST VIJAYANAGAR-HOSPETH-583135. 5. SMT. PALAMMA W/O. DODDABASANNA AGE 62 YEARS OCC AGRICULTURE 6. SRI. MAHANTESH S/O. DODDABASANNA AGE 26 YEARS OCC AGRICULTURE 7. SRI. SANNABASANNA S/O. PALAIAH @ KOTE PALAIH AGE 58 YEARS OCC AGRL. RESPONDENT NO. 5 TO 7 ARE R/O. MADAKALA KATTE VILLAGE GUNDAMANUGU PANCHAYATH GUDEKOTE HOBLI TAL: KUDLIGI DIST: VIJAYANAGAR-583135. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI., AGA FOR R1 TO R4;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER PASSED ON I.A. NO, III IN O.S. NO, 235/2022 DATED 18-07- 2025 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C. KUDLIGI AS PER ANNEXURE-E AND ALLOW THE SAID I.A. NO, III AS PRAYED FOR IN THE SUIT AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10312 WP No. 105770 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for Respondents No.1 to 4. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ, order or direction in the nature of Certiorari to quash the order passed on I.A.No.III in O.S.No.235/2022 dated 18.07.2025 on the file of the Civil Judge and JMFC Kudiligi as per Annexure-E and allow the said I.A.No.III as prayed for in the suit. b. Pass any appropriate order or direction as deems fit by this Hon’ble court under the facts and circumstances of the case by allowing this writ petition with cost in the interest of justice and equity. 3. A memo dated 14.8.2025 has been filed which reads as under:- Memo for Withdrawal In the above petition, the petitioner has challenged the order passed by the trial court on I.A.No.III in O.S.No.235/2022 under order 7 Rule 11 CPC. The office has raised the objection regarding maintainability of the writ petition. The trial court has rejected the I.A.No.III and hence C.R.P. in maintainable before this Hon’ble Court and hence it is just and necessary to with draw - 4 - HC-KAR NC: 2025:KHC-D:10312 WP No. 105770 of 2025 the writ petition with liberty to file C.R.P before this Hon’ble Court. Wherefore, the petitioner most humbly prays that this Hon’ble Court may be pleased to permit the petitioner to withdraw the above writ petition with a liberty to file C.R.P. before this Hon’ble Court in the interest of justice and equity. 4. What has been challenged in the above petition is an order passed under Rule 11 of Order VII of Code of Civil Procedure. The petitioner has an alternative remedy in filing a Civil Revision Petition. 5. Reserving such liberty to file Civil Revision Petition, the Writ Petition stands dismissed. 6. Registry is directed to return all original and or certified copies after following due procedure. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 74