- 1 - HC-KAR NC: 2025:KHC-D:12348 WP No. 104585 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104585 OF 2025 (GM-CPC) BETWEEN: PRASHANT RAMACHANDRA KULKARNI, AGE: 43 YEARS, OCC: GOVT. SERVANT, R/O: KALWAD, TQ: NAVALAGUND, DIST: DHARWAD. …PETITIONER (BY SRI. RAMESH I. ZIRALI, ADVOCATE) AND: 1. LINGOJI SHYAMRAO KULKARNI, AGE: 59 YEARS, OCC: PRIVATE JOB, R/O: KALWAD, TQ: NAVALAGUND, DIST: DHARWAD. 2. SURESH SHYAMRAO KULKARNI, AGE: 46 YEARS, OCC: PRIVATE JOB, R/O: KALWAD, TQ: NAVALAGUND, DIST: DHARWAD. 3. PRADEEP RAMACHANDRA KULKARNI AGE: 33 YEARS, OCC: PRIVATE SERVICE, R/O: KALWAD, TQ: NAVALAGUND, DIST: DHARWAD. 4. SMT JANAKIBAI W/O. RAMACHANDRA KULKARNI, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O: KALWAD, TQ: NAVALAGUND, DIST: DHARWAD. …RESPONDENTS Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12348 WP No. 104585 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 19-08-2023 PASSED ON I.A NON V IN O.S 179/2022 ON THE FILE OF CIVIL JUDGE AND JMFC NAVALAGUND VIDE ANNEXURE-E, TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue writ of certiorari and quash the Impugned order Dated 19-08-2023 passed on I.A non V in O.S 179/2022 on the file of Civil Judge and JMFC Navalagund vide Annexure-E, to meet the ends of justice and equity. b. Issue any other writ or direction as deemed fit by this Hon’court. 2. A memo dated 17.09.2025 singed by the learned counsel appearing for the petitioner has been filed, which reads as under; “The counsel for the Petitioner begs to submit as under:- That, the petitioner intends to avail the alternative remedy of appeal and hence he - 3 - HC-KAR NC: 2025:KHC-D:12348 WP No. 104585 of 2025 may kindly be permitted to withdraw the above writ petition, to meet the ends of justice. Hence the memo.” 3. Accepting the submission of learned counsel and the memo, the petition stands dismissed as withdrawn reserving liberty to the petitioner to file a Miscellaneous Appeal challenging the order of allowing the application filed under order XXXIX Rule 1 and 2 of the Code of Civil Procedure. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT-ASC List No.: 1 Sl No.: 106