- 1 - HC-KAR NC: 2025:KHC:30462 WP No. 6277 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 6277 OF 2021 (GM-CPC) BETWEEN: H.C. GIRISH S/O LATE H.C. CHANNAIAH PATEL, AGED ABOUT 55 YEARS, AGRICULTURIST, R/O H.P.C NILAYA, OPP NANJAPPA HOSPITAL, KUVEMPU ROAD, SHIMOGA - 577 201. …PETITIONER (BY SRI. VARADARAJ R. HAVALDAR, ADVOCATE) AND: DR. H.C. SHIVAKUMAR S/O LATE H.C. CHANNAIAH PATEL, AGED ABOUT 47 YEARS, ORTHOPEDIC SURGEON AND AGRICULTURIST, R/O IST CROSS, JAYANAGARA, SHIMOGA - 577 201. …RESPONDENT (BY MISS. SADHANA, ADVOCATE FOR SRI. GURURAJ R, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE RECORDS OF THE APPEAL COURT, BEING COURT OF II ADDL. SR. CIVIL JUDGE AND JMFC, SHIMOGA, INCLUDING ITS ORDER DTD 15.02.2021 PASSED IN MA NO.36/2020 VIDE ANNX-H AND THAT OF THE ORDER DTD 28.08.2020 PASSED ON I.A.NO.1 IN O.S.NO.248/2020 BY THE COURT OF II ADDL. CIVIL JUDGE AND JMFC, SHIMOGA, VIDE ANNX-E FOR Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30462 WP No. 6277 of 2021 VERIFYING THE FACTUAL CORRECTNESS AND LEGALITY OF THE SAME AND ETC., THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER The present Writ Petition is filed challenging the temporary injunction granted in M.A.No.36/2020 before the II Additional Senior Civil Judge & JMFC, Shimoga. During the pendency of this writ petition, the suit in O.S.No.248/2020 is dismissed with costs. In view of the same, the present writ petition would become infructuous. Learned counsel for the petitioner has filed a memo seeking permission to withdraw the petition. Memo is taken on record. Accordingly, the Writ Petition is dismissed as withdrawn. Sd/- (DR.K.MANMADHA RAO) JUDGE KA List No.: 1 Sl No.: 17 CT: BHK