- 1 - HC-KAR NC: 2025:KHC:30987 WP No. 8359 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 8359 OF 2023 (GM-CPC) BETWEEN: 1. SRI M R DEEPAK S/O LATE M D RAMASHETTY AGED ABOUT 40 YEARS R/AT NO. FF1 SGS HIGH LAND APARTMENT 60 FEET ROAD SACHIDANANDANAGAR RAJARAJESHWARI NAGAR BENGALURU - 560 098. 2. SHASHIKANTH RAO S S/O SHYAMA RAO AGED ABOUT 55 YEARS R/AT NO 137, SRINIDHI NILAYA, 37TH CROSS, KENCHENAHALLI RAJARAJESHWARINAGAR BENGALURU - 560 098. …PETITIONERS (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: K S RAGHURAM S/O LATE K. SREERANGARAJAN AGED ABOUT 56 YEARS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30987 WP No. 8359 of 2023 R/AT NO. 1173 SOBHA CLOVELLY APARTMENT DR VISHNUVARDHAN ROAD PADMANABHANAGAR BENGALURU - 560 061. …RESPONDENT (BY SRI. KANZAL S RAGHURAM-PARTY-IN-PERSON) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.01.2023 PASSED IN O.S.NO.7133/221 ON IA 12 BY THE COURT OF VIII ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-15) AT BENGALURU VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is by the defendants aggrieved by the order dated 17.01.2023 passed in O.S.No.7133/2021 on I.A.XII on the file of VIII Additional City Civil and Sessions Judge, Bengaluru, by which application filed under Order XXXVIII Rule 1 read with section 151 of CPC filed by the plaintiff/respondent came to be allowed directing the office - 3 - HC-KAR NC: 2025:KHC:30987 WP No. 8359 of 2023 to issue warrant of arrest of the petitioners/defendants to bring them before the Court to show cause as to why they should not be asked to furnish security for an amount of Rs.88,80,000/-. 2. The above suit is filed by respondent/plaintiff who is a practicing Advocate for recovery of the aforesaid sum being due towards purported recovery of his professional/service charges rendered in conducting the litigation of petitioners/defendants. 3. After arguing the matter at length on a query by this Court to provide the break up of the amounts being claimed in the above suit, respondent/plaintiff appearing in person submits that he would not like to pursue the matter further and would like to withdraw the suit in its entirety. In furtherance to said submission he files an affidavit which reads as under: I, K.S.Raghuram s/o Late K. Sreerangarajan, aged about 60 years, residing at No.1173, Shobha Clovelly, Padmanabha Nagara, Bengaluru, do hereby solemnly affirm and oath as follows: - 4 - HC-KAR NC: 2025:KHC:30987 WP No. 8359 of 2023 I state that I am the Respondent in this petition and I am well aware of the facts and circumstances of this case. Hence, I am swearing to this affidavit. I state and undertake to withdraw my suit in O.S. No. 7133/2021 before the Hon'ble City Civil Judge, Bengaluru (CCH-15) against these Petitioners. I state that this Hon'ble court be pleased to consider my above undertaking and dispose of this Petition in the interest of justice and equity. I, the Deponent, do hereby declare that what is stated above are true to the best of my knowledge, belief and information. '' 5. The above affidavit is taken on record. 6. It is submitted that the above suit is stated to be listed on 13.08.2025 before the trial Court. Respondent/plaintiff is directed to file necessary formal application before the trial Court seeking withdrawal of the suit in the light of the affidavit filed by him which is taken on record as above. 7. Learned counsel for the petitioners submit that during the trial, certain original documents of title belonging to the petitioners-defendants have been produced and marked by the respondent-plaintiff as Ex.P7 - 5 - HC-KAR NC: 2025:KHC:30987 WP No. 8359 of 2023 and Ex.P8 and seeks return of the said documents. Respondent-plaintiff has no objection for the same. 8. Petitioners-defendants to make necessary application before the trial Court seeking return of the said original documents. On such application being made, documents be returned to the petitioners-defendants. 9. In view of the above writ petition is allowed. Impugned order dated 17.01.2023 passed on I.A.XII in O.S.No.7133/2021 is set aside. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 34