- 1 - HC-KAR NC: 2025:KHC:29494 WP No. 17168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17168 OF 2025 (GM-CPC) BETWEEN: 1. ALPHONSE SURESH D’SOUZA S/O LATE MR. JAMES D’SOUZA, AGED 49 YEARS. 2. DORIS JEAN REBELLO, S/O LATE MR.JAMES D’SOUZA AGED 47 YEARS. 3. RAKESH ANTONY D'SOUZA S/O LATE MR. JAMES D’SOUZA, AGED 45 YEARS. 4. REENA RITA D’SOUZA, S/O LATE MR. JAMES D’SOUZA, AGED 44 YEARS. REPRESENTED BY HER GPA HOLDER, PETITIONER NO.1-MR. ALPHONSE SURESH D’SOUZA 5. ALICE D’SOUZA AGED 80 YEARS, W/O LATE MR. JAMES D’SOUZA NO.1 TO 5 ARE R/AT DOOR NO.3-16 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29494 WP No. 17168 of 2025 JEEPU KADEKAAR, JEPPINAMOGERU MANGALURU – 575 009. …PETITIONERS (BY SRI KETHAN KUMAR, ADVOCATE) AND: VIJAYA PRASAD ALVA S/O LATE RAGHURAM ALVA, AGED 57 YEARS, R/AT 2-64/49 3 JAYA NAGAR MAIN ROAD, MAROLI, JAYA NAGAR JUNCITION KULSHEKAR, MANGALORE, DAKSHINA KANNANDA, KARNATAKA – 575 005. …RESPONDENT (BY SRI. MAHESHKIRAN SHETTY S.,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I). QUASH THE ORDER DATED 25.04.2025 PASSED ON APPLICATION FILED IN O.S.NO.924/2021 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU, D.K (PRODUCED AS ANNEXURE -A) AND CONSEQUENTLY TO ALLOW THE APPLICATION FILED UNDER ORDER XVIII RULE 17 R/W SECTION 151 CPC FILED BY THE PETITIONERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29494 WP No. 17168 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioners after arguing the matter at length would seek leave of this Court to withdraw the subject petition and the application so filed before the concerned Court reserving liberty to file a fresh application on the same cause of action, as the petitioners out of inadvertence have not placed the list of documents that they want to be placed before the concerned Court through whom the witnesses would speak. 2. Therefore, placing the submission on record and reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 85