- 1 - HC-KAR NC: 2025:KHC-D:18079 WP No. 109632 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEDGE WRIT PETITION NO. 109632 OF 2025 (GM-CPC) BETWEEN: SMT. KASHAVVA W/O. RAJASHEKHARGOUDA PATIL, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. DEVANUR, TQ. KUNDGOL, DIST. DHARWAD, REPRESENTED BY GPA HOLDER JAGADISHGOUDA S/O RAJASHEKHARGOUDA PATIL PIN-581113. …PETITIONER (BY SRI. V.G. BHAT, ADVOCATE) AND: KUMAR SANTHOSHA SINCE DECEASED BY HIS LR’S 1. YALLAPPAGOUDA S/O. SHIDDANGOUDA PATIL, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. SOUDATTI, NOW AT: DEVANUR VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD-581113. 2. SMT. SHANTADEVI W/O. YALLAPPAGOUDA PATIL, AGE. 61 YEARS, OCC. HOUSEHOLD, R/O. SOUDATTI, NOW AT: DEVANUR VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD-581113. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE ORDER PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, AT KUNDAGOL ON I.A. NO.17 IN O.S. NO.246/2011 DATED 29.10.2025 VIDE ANNEXURE-F IN THE ENDS OF JUSTICE AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2025.12.16 11:21:25 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18079 WP No. 109632 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned counsel for the petitioner, after arguing for some time, seeks the leave of the Court to withdraw the petition with liberty to assail the impugned order dated 29.10.2025 in I.A. No.17 in O.S. No.246/2011 on the file of Senior Civil Judge, Kundagol, in an appropriate proceeding under Section 105 of the Code of Civil Procedure. 2. Submission is placed on record. 3. Reserving such liberty, the petition is dismissed as withdrawn. 4. Merely because the petition is dismissed as withdrawn, it should not be construed that the Court has upheld the averments in the proposed amendment. It is for the plaintiff to establish the averments made in the amended plaint. 5. The defendant is permitted to file written statement to the amended plaint. Sd/- (ANANT RAMANATH HEGDE) JUDGE gab/CT-MCK LIST NO.: 1 SL NO.: 30