- 1 - HC-KAR NC: 2025:KHC:43655 WP No. 32541 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 32541 OF 2025 (GM-CPC) BETWEEN: MS. PUSHPA U.B. AGED 57 YEARS, DAUGHTER OF MR. U.H. BASVEGOWDA AND MRS. A.C. ANASUYA, RESIDING AT FLAT NO.B 31, NO.11, TALLAM RESIDENCY, SERPENTINE ROAD, NEXT TO SBI BANK, KUMARA PARK, BANGALORE - 560 020. …PETITIONER (BY SRI. RAJKUMAR M.D., ADVOCATE) AND: 1. MR A.C. PRABHU RAJSHEKAR AGED 79 YEARS, SON OF LATE MR. A C CHANDRE GOWDA, RESIDING AT NO.7F, CRESCENT COURT, CRESCENT ROAD, HIGH GROUNDS, BANGALORE 560 001. 2. MR. A.P. PAVAN CHANDRA, AGED 55 YEARS, SON OF MR. A C PRABHU RAJSHEKAR RESIDING AT HULIGERE, KADUR TALUK, CHIKMAGALUR DISTRICT - 577 138. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43655 WP No. 32541 of 2025 3. MR. A.P. KIRAN CHANDRA, AGED 49 YEARS, SON OF MR. A C PRABHU RAJSHEKAR RESIDING AT HULIGERE, KADUR TALUK, CHIKMAGALUR DISTRICT - 577 138. 4. MS. ARATHI SHARAT KUMAR, ALIAS A P ARATHI, AGED 54 YEARS, DAUGHTER OF MR. A C PRABHU RAJSHEKAR WIFE OF SRI. SHARAT KUMAR RESIDING AT NO.265, 17TH CROSS, SADASHIVANAGAR, BANGALORE NORTH, BANGALORE-560 080. 5. MR. A C NIRANJAN, AGED 74 YEARS, SON OF LATE MR. A C CHANDRE GOWDA, RESIDING AT HULIGGERE ESTATE, HULIGERE POST KADUR TALUK, CHIKMAGLUR DISTRICT - 577 101. 6. A N CHANDAN, AGED 47 YEARS, SON OF MR. A C NIRANJAN, RESIDING AT HULIGGERE ESTATE, HULIGERE POST, KADUR TALUK, CHIKMAGLUR DISTRICT - 577 101. 7. A N CHARAN AGED ABOUT 44 YEARS SON OF AC NIRANJAN R/AT HULIGGERE ESTATE HULIGERE POST, KADUR TALUK CHIKKAMAGALURU DIST - 577 101. - 3 - HC-KAR NC: 2025:KHC:43655 WP No. 32541 of 2025 MRS. A C RATHNAMMA, AGED MAJOR, WIFE OF MR. H B LOKESHWAR AND DAUGHTER OF A C CHANDRE GOWDA, SINCE DECEASED REPRESENTED BY HER LEGAL HEIRS. 8. A) MRS. SOUBHAGYA BL AGED 70 YEARS, DAUGHTER OF MR. HB LOKESHWAR AND MRS. AC RATHNAMMA, RESIDING AT SOWBHAGYA ESTATE HANDIL ESTATE SOMARPET KODAGU DISTRICT-571 236 B) SHARATH KUMAR B.L. AGED MAJOR, SON OF MR. H B LOKESHWAR AND MRS. A C RATHNAMMA DECEASED C) JAYACHANDRA B.L., AGED MAJOR, SON OF MR. H B LOKESHWAR AND MRS. A C RATHNAMMA DECEASED D) A C ANASUYA AGED MAJOR WIFE OF U H BASVEGOWDA AND DAUGHTER OF LATE MR AC CHANDRE GOWDA SINCE DECEASED REP. BY HER LEGAL HEIRS. 9. MRS U B NANDINI, AGED 65 YEARS WIFE OF DR HARSHA AND DAUGHTER MR U H BASAVEGOWDA - 4 - HC-KAR NC: 2025:KHC:43655 WP No. 32541 of 2025 R/AT 253 15TH MAIN, RMV EXTENSION BANGALORE 560 080. 10. MRS. U B SUMATHI, AGED 63 YEARS, DAUGHTER OF MRS. A C ANASUYA, RESIDING AT 11. TALLARI RESIDENCY, KUMAR PARK WEST. BANGALORE 560 020. A) MRS. A C SHASHIMUKHI AGED MAJOR, WIFE OF MR. BK JAGADISH CHANDRA AND DAUGHTER OF LATE MR. AC CHANDRE GOWDA, SINCE DECEASED REPRESENTED BY HER LEGAL HEIRS, 11. MRS B J MADHUMANTHI AGED 55 YEARS WIFE OF MR. A S SHAKARGOWDAA AND DAUGHTER OF MR. B K JAGADISH CHANDRA, RESIDING AT 379/9, 6TH A CROSS, 13TH MAIN, RMV EXTENSION, SADASHIVNAGAR, BANGALORE - 560 080. 12. MR. B J MANU AGED 53 YEARS, SON OF MR. B K JAGADISH CHANDRA, RESIDING AT NO.458, 11TH MAIN, RMV EXTENSION, SADASHIVNAGAR, BANGALORE - 560 080. - 5 - HC-KAR NC: 2025:KHC:43655 WP No. 32541 of 2025 13. MRS. A C POORNIMA, AGED 72 YEARS, WIFE OF MR. C R RENUKARDHYA AND DAUGHTER OF LATE MR. A C CHANDRE GOWDA, RESIDING AT 66, RAILWAY PARALLEL ROAD, KUMARAPARK WEST, BANGALORE - 560 020. 14. MRS. C R BABITHA, AGED 49 YEARS, WIFE OF LATE. RAKESH UPPINI AND DAUGHTER OF MR. C R RENUKARDHYA, RESIDING AT FLAT 7A, CRESCENT COURT APARTMENTS, CRESCENT ROAD, HIGH GROUNDS, BANGALORE - 560 001. 15. MRS. C R ANITHA AGED 45 YEARS, WIFE OF MR. A C CHANDRAHASA AND DAUGHTER OF MR C R RENUKARDHYA, RESIDING AT 66, RAILWAY PARALLEL ROAD, KUMARAPAR WEST, BANGALORE-560 020. 16. MS. C R KAVITHA AGED 47 YEARS, DAUGHTER OF MR. CR RENUKARDHYA, RESIDING AT 66, RAILWAY PARALLEL ROAD, KUMARAPARK WEST, BANGALORE - 560 020. 17. M/S. HIMALAYA WELLNESS COMPANY, A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT MAKALI, TUMKUR ROAD, - 6 - HC-KAR NC: 2025:KHC:43655 WP No. 32541 of 2025 BENGALURU - 562 123. REPRESENTED BY ITS GPA HOLDER, MS. JAYASHREE ULLAL, D/O. DAYANANDA ULLAL. …RESPONDENTS (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI DAYANAND S. PATIL, ADVOCATE FOR R1 & R4; SRI B. VACHAN, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HON'BLE 1ST ADDL. CIVIL JUDGE, AT KADUR IN OS NO. 163/2025 TO REFRAIN FROM PROCEEDING WITH THE ADJUDICATION OF IA NO.2 FILED BY THE RESPONDENT NO. 3/DEFENDANT NO.3 AT ANNEXURE C UNDER ORDER VII RULE 10 OF THE CODE OF CIVIL PROCEDURE 1908 PENDING ON THE FILE OF THE HON'BLE 1ST ADDL. CIVIL JUDGE, AT KADUR, AND TO CONTINUE WITH THE SUIT IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF - 7 - HC-KAR NC: 2025:KHC:43655 WP No. 32541 of 2025 ORAL ORDER After arguing for sometime, Sri M.D. Rajkumar, learned counsel appearing for the petitioners seeks leave of this Court to withdraw the petition, with a liberty to pursue the matter before the Trial Court, on all the grounds urged in the objections taken before the trial Court. Accordingly, the writ petition is dismissed as withdrawn, with the aforesaid liberty. Sd/- (T.M.NADAF) JUDGE TMP List No.: 1 Sl No.: 28