- 1 - HC-KAR NC: 2025:KHC:29311 CP No. 324 of 2024 C/W WP No. 4807 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 324 OF 2024 C/W WRIT PETITION NO. 4807 OF 2025 (GM-CPC) IN CP No. 324/2024 BETWEEN: SMT PRATHIMA D/O JAYAVARMA INDRA AND SMT PREMA KUMARI, AGED ABOUT 48 YEARS, C/O PRAVEEN KUMAR INDRA, JAIN TEMPLE, MPT CROSS ROAD, BAJILAKERI, MANGALORE 575003. …PETITIONER (BY SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: H N YOGARAJA S/O NEMAYYA INDRA, AGED ABOUT 58 YEARS, BYAKODU RESIDENT AND POST KADARURU VILLAGE, KARUR HOBLI, SAGAR TALUK, SHIVAMOGGA DISTRICT 577453 …RESPONDENT (BY SRI. GANGI REDDY B V., ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO PASS AN ORDER TRANSFERRING THE CASE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29311 CP No. 324 of 2024 C/W WP No. 4807 of 2025 IN OS NO.12/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SAGARA TO PRL. JUDGE FAMILY COURT AT MANGALURU, DAKSHINA KANNADA FOR DISPOSAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 4807/2025 BETWEEN: SMT PRATHIMA D/O JAYAVARMA INDRA AND SMT PREMA KUMARI AGED ABOUT 48 YEARS C/O PRAVEEN KUMAR INDRA JAIN TEMPLE, MPT CROSS ROAD BAJILEKERE MANGALORE 575003 ...PETITIONER (BY SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: H N YOGARAJA S/O NEMAYYA INDRA AGED ABOUT 58 YEARS KADARURU VILLGE KARUR HOBLI, SAGAR TALUK SHIVAMOGGA DISTRICT 577453 ...RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN O.S.NO. 12/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SAGARA VIDE ANNX- A3 TO A20. ISSUE A APPROPRIATE WRIT OR ORDERS FOR INITIATING THE PROCEEDINS UNDER THE CONTEMPT OF COURTS ACT, 1971 AGAINST THE RESPONDENT FOR INITIATING THE FRIVOLOUS PROCEEDINGS IN OS NO. 12/2024 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SAGAR VIDE ANNX-A3 TO A20. - 3 - HC-KAR NC: 2025:KHC:29311 CP No. 324 of 2024 C/W WP No. 4807 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER After arguing the matter for some time, learned counsel for the petitioner filed a memo for withdrawal and the said memo reads as under: “1. It is the specific contention of the Petitioner that the suit filed by the Respondent before the Senior Civil Judge and JMFC, Sagara, Shivamogga in 0.S.No.12/2024 is not maintainable as the dispute between the petitioner and Respondent over the suit schedule property was already decided by the Pri.Judge Family Court at Mangalore in MC No.5/2015 and the subject matter of the suit has attained finality by the order of the Family Court and as confirmed by the order of the High Court of Karnataka in MFA 7790/2016 as both Courts have held that there was contribution from the side of the petitioner and her family towards the purchase of the suit schedule property and hence she is entitled to equal share in the suit schedule property. The High Court has further held that the petitioner is entitled - 4 - HC-KAR NC: 2025:KHC:29311 CP No. 324 of 2024 C/W WP No. 4807 of 2025 to equal share in the usufruct and produce from the schedule property. 2. Be that as it may, Petitioner submits that she may be given liberty to file application under Order VII Rule 11 of the Code of Civil Procedure Code before the trial Court in O.S.No. 12/2024 on the file Senior Civil Judge and JMFC, Sagara, Shivamogga, seeking rejection of the plaint, which application shall be filed within two weeks from today. PRAYER It is therefore prayed that this Hon'ble Court kindly be pleased to permit the Petitioner to withdraw the above petition, with a liberty to file application under Order VII Rule 11 of the Code of Civil Procedure Code before the trial Court in O.S No.12/2024 pending on the file of Senior Civil Judge and JMFC, Sagara, Shivamogga seeking rejection of the plaint and further prays that the trial Court may be directed to decide the said application with a time frame to be filed by this Hon'ble Court in the interest of justice. 2. Memo is placed on record. - 5 - HC-KAR NC: 2025:KHC:29311 CP No. 324 of 2024 C/W WP No. 4807 of 2025 3. In view of the memo filed by the learned counsel for the petitioner, the writ petition and civil petition are dismissed as withdrawn with a liberty as prayed for in the memo. SD/- _____________________ JUSTICE K.S. HEMALEKHA SKS List No.: 1 Sl No.: 1