- 1 - HC-KAR NC: 2025:KHC:47864 WP No. 34971 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 34971 OF 2018 (GM-CPC) BETWEEN: SMT. S. MANJULA W/O M. SURESH AGED ABOUT 35 YEARS R/AT NO.204 CHINASWAMY NILAYA ST ANEES COLLEGE ROAD R M NAGAR COLLEGE ROAD R M NAGAR 8TH CROSS DOORAVANINAGAR POST BANGALORE - 560 016. …PETITIONER (BY SRI H.S.CHANDRAIAH, ADV.,) AND: 1. SMT. NANJAMMA W/O LTE LINGAPPA AGED ABOUT 62 YEARS (DEAD BY HER LRs RESPONDENTS 2 AND 3 ARE ON RECORD) 2. PUTTAPPA S/O LATE LINGAPPA MAJOR. 3. KRISHNAPPA S/O LATE LINGAPPA MAJOR RESPONDENT NOs. 1 TO 3 ARE R/AT AVALAHALLI VILLAGE BIDARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 016. 4. SMT. HUCHAMAYAMMA W/O NANJUNDAPPA D/O MUNIVEERAPPA & Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47864 WP No. 34971 of 2018 LAKSHMAMMA @ LAKKAMMA MAJOR R/AT SINGASNADRA VILLAGE BEGUR HOBLI, BANGALORE NORTH TALUK - 560 068. 5. RUDRAMMA W/O GANGAPPA D/O MUNIVEERAPPA & LAKSHAMAMMA @ LAKKAMMA MAJOR R/AT AVALAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE SOUTH TALUK - 560 016 (DEAD AND LRs RESPONDENTS 10 TO 13 ON RECORD) 6. THE VILLAGE ACCOUNTANT AVALAHALLI GROUP PANCHAYATH AVALAHALLI BIDARAHALLI HOBLI BANGALORE SOUTH TALUK- 560 016. 7. THE TAHASILDAR BANGALORE SOUTH TALUK K.R. PURAM, BANGALORE - 560 16. 8. CHIEF SECRETARY GOVT. OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001. 9. NANJUNAPPA S/O LATE MOTAPPA R/AT MANDOOR VILLAGE BIDARAHALLI HOBLI BANGALORE SOUTH TALUK - 560 016. 10. MR. NAGESHA AGED ABOUT 45 YEARS S/O LATE GANGAPPA. 11. MRS. LAKSHMI AGED ABOUT 43 YEARS D/O LATE GANGAPPA. - 3 - HC-KAR NC: 2025:KHC:47864 WP No. 34971 of 2018 12. MRS. SHASHIKALA AGED ABOUT 41 YEARS D/O LATE GANGAPPA. 13. MR. RAGHU AGED ABOUT 41 YEARS S/O LATE GANGAPPA. ALL ARE AT NO.202 NEAR MULLKATTAMMA TEMPLE VIRGONAGAR POST AVALAHALLI VILLAGE BIDARAHALLI HOBLI BENGALURU SOUTH TALUK BANGALORE - 560 049. …RESPONDENTS (BY SRI G.S. PATEEL & KALADEEPA, ADV., FOR R-2 & R-3; SMT. RADHA RAMASWAMI, AGA FOR R-6, R-7 & R-8; V/O/DTD 18.06.2025 R-2 7 R-3 ARE TREATED AS LRs OF R-1; PROPOSED R-10, R-11, R-12 & R-13 SERVED & UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 15.02.2018, PASSED ON I.A.NO.14/2016, PASSED O.S.NO.09/2001, PASSED BY THE COURT OF THE I ADDL SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT, BANGALORE AT ANNEXURE-Z. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Learned counsel for the petitioner submits that inadvertently this writ petition is filed challenging the impugned order instead of filing an appeal as provided under Order XLIII Rule 1(r) of CPC. He has filed a memo seeking leave of this - 4 - HC-KAR NC: 2025:KHC:47864 WP No. 34971 of 2018 Court to withdraw the writ petition with liberty to file an appeal as provided under the aforesaid provision of law. 2. The submission and the memo are taken on record. Writ petition is dismissed as withdrawn with liberty as prayed for. 3. All contentions urged are left open. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 27