- 1 - HC-KAR NC: 2025:KHC-D:11265 WP No. 103546 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 103546 OF 2025 (GM-CPC) BETWEEN: RAJU S/O. NARASAPPA KADAPUR, AGE: 36 YEARS, OCC. AGRICULTURE, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. SMT. TANGEWWA W/O. NARASAPPA KADAPUR, AGE: 66 YEARS, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. 2. SMT. NAGAWWA W/O. HUVAPPA @ HUVANNA KADAPUR, AGE: 62 YEARS, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. 3. MALAPPA S/O. HUVAPPA @ HUVANNA KADAPUR, AGE: 42 YEARS, OCC. AGRICULTURE, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. 4. SMT. SUJATA D/O. HUVAPPA @ HUVANNA KADAPUR, AGE: 39 YEARS, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.06 12:17:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11265 WP No. 103546 of 2025 5. SMT. SUREKHA D/O. HUVAPPA @ HUVANNA KADAPUR, AGE: 36 YEARS, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. 6. NARASAPPA S/O. HUVAPPA @ HUVANNA KADAPUR, AGE: 33 YEARS, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. 7. SMT. BHIMAWWA D/O. HUVAPPA @ HUVANNA KADAPUR, AGE: 30 YEARS, OCC. HOUSEHOLD WORK, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. 8. SMT. SIDDAWWA D/O. HUVAPPA @ HUVANNA KADAPUR, AGE: 27 YEARS, OCC. AGRICULTURE, R/O. SAVALAGI, TQ. JAMKHANDI, DIST. BAGALKOTE-587330. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,A) ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 05.02.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, JAMKHANDI ON IA NO.4 IN OS NO.149/2023 VIDE ANNEXURE-F, AND ALLOW THE SAID APPLICATION I.E., IA NO.4, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11265 WP No. 103546 of 2025 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. Learned counsel for the petitioner has filed a memo stating that the petitioner has challenged the order dated 05.02.2025 passed by the learned Principal Senior Civil Judge and JMFC, Jamkhandi on IA No.4 in OS No.149/2023 vide Annexure-F. 2. The Trial Court rejected the application in IA No.4 filed under Order 23 Rule 1 of CPC seeking permission to withdraw the suit with liberty to file a fresh suit on the same cause of action. 3. The petitioner does not want to proceed with the suit in OS No.149/2023 and desires to withdraw the same without seeking any liberty to file a fresh suit on the same cause of action and prays to dismiss the suit as withdrawn. - 4 - HC-KAR NC: 2025:KHC-D:11265 WP No. 103546 of 2025 4. Memo is placed on record. The petitioner is permitted to withdraw the suit in OS No.149/2023 on the file of the Principal Senior Civil Judge and JMFC, Jamkhandi without any liberty. 5. In view of the withdrawal of suit in OS No.149/2023, nothing survives for consideration in this writ petition. Accordingly, the writ petition is dismissed as having become infructuous. Sd/- (ASHOK S. KINAGI) JUDGE SH Ct:pa List No.: 2 Sl No.: 62