- 1 - HC-KAR NC: 2025:KHC:47806 WP No. 24136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24136 OF 2025 (GM-AC) BETWEEN: HDFC ERGO GENERAL INSURANCE COMPANY LIMITED., SREE KARTHIK PLAZA, 3RD FLOOR, NEHRU ROAD, DURGIGUDI, SHIVAMOGGA (D), KARNATAKA. NOW REP BY THE HDFC ERGO GENERAL INSURANCE COMPANY LIMITED., NO. 25/1, 2ND FLOOR, BUILDING NO.1, SHANKARANARAYANA BUILDING, MG. ROAD, BANGALORE-560001 REP. BY ITS LEGAL MANAGER COMPANY IS REGISTERED UNDER COMPANY ACT 1956 …PETITIONER (BY SRI. B. PRADEEP, ADVOCATE) AND: 1. SMT. JAYANTHI, W/O. PUTTA NAIKA, AGED ABOUT 56 YEARS R/O. HEGRE, SANKLAPURA, ULUVALLI, THYAVANA POST, SRINGERI TALUK, CHIKMAGALUR DISTRICT-577139 2. VISHVANATH, S/O. SHIVAPPA, AGED ABOUT 61 YEARS, R/O. ABBIGUNDI, HIREKODIGE (POST), KOPPA TALUK, CHIKMAGALUR (DISTRICT)-577126. 3. K.G. VIJENDRA, S/O. K.R. GOPAL GOWDA, AGED ABOUT 61 YEARS, R/O. KAGGA, BAMBLAPURA (POST), Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47806 WP No. 24136 of 2025 KOPPA TALUK, CHIKMAGALUR DISTRICT-577126 4. SATHISH POOJARY, S/O. LATE RAMA POOJARY, AGED ABOUT 51 YEARS R/O HOSABETTU, SURATHKAL, DHAKSHINA KANNADA-574146 5. NAGENDRA PRASAD, S/O. MAHABALA MOUILY, AGED ABOUT 32 YEARS R/O. NO.1-84, VIJAYA NIVASA, BANKIMAJALU, GUDDEANGADI, MUDABIDRE, MANGALORE TALUK, DHAKSHINA KANNADA-575001 6. BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., OFF CODE. 422208, SATHISH COMPLEX, GROUND FLOOR, BEHIND SBI, OPP. GOVINDADAS COLLEGE, SURATHKAL, MANGALORE-574146 …RESPONDENTS (BY SRI. SRIKANTH N V, ADVOCATE FOR R1; SRI.SUDHIR KUMAR MUROLLI, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE ORDER AS PER ANNEXURE-D DATED 29-01-2025 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND MACT, NR PURA, ITINERATE AT SRINGERI ON APPLICATION UNDER ORDER VII RULE 11 (D) R/W 151 OF CPC AND 166(3) OF MV ACT AS PER ANNEXURE-D IN MVC NO. 452/2024 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:47806 WP No. 24136 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Issue appropriate writ or order to quash the order as per Annexure-D dated 29-01-2025 passed by the court of the Senior Civil Judge and MACT, NR Pura, itinerate at Sringeri on application under order VII Rule 11 (D) R/w 151 of CPC and 166(3) of MV act as per Annexure-D in MVC no. 452/2024. b. Be pleased to issue a writ of mandamus of any other appropriate writ or directions to allow the application filed by the petitioner in I.A. No.2 under order VII Rule 11 of the code of civil procedure and section 166 (3) of the MV act at Annexure-B passed by the court of the Senior Civil Judge and MACT, NR Pura, itinerate at Sringeri in MVC No. 452/2024 and hold that the claim petition is not maintainable. c. Pass such other Writ or Order or Orders is this Hon'ble Court deems fit, under the facts and circumstances of the case, in the interest of justice and equity. 2. A memo dated 29.10.2025 has been filed, signed by the learned counsel for the petitioner, which reads as under; MEMO FOR WITHDRAWAL The petitioner prays this Hon’ble Court may kindly be permit the petitioner to withdraw the writ petition has not pressed, as the Tribunal has already passed the Judgment in the above case, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:47806 WP No. 24136 of 2025 3. Accepting the said memo and submission of learned counsel for the petitioner, the petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 0