- 1 - HC-KAR NC: 2025:KHC:29472 WP No. 10131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10131 OF 2025 (GM-CPC) BETWEEN: SRI. MANOHAR NAYAK, S/O BAMDEV NAYAK, AGED ABOUT 35 YEARS, R/AT FLAT NO.E403, NELADRI MAHAL APARTMENTS II, BLOCK E, NO.45/5, NANDIURGA ROAD, JAYAMAHAL EXTENSION, BENGALURU - 560 046, REPRESENTED BY HIS GPA HOLDER SRI. MANOJH KOOMAR NAYAK. …PETITIONER (BY SRI K.R.KRISHNAMURTHY, ADVOCATE) AND: 1. SRI. RIYAZ PASHA, S/O ANSAR PASHA, AGED ABOUT 45 YEARS, R/AT NO. 7/2-1, SOUTH CROSS STREET, NEELASANDRA, BENGALURU – 560 047. 2. SRI. MOHAMMED ZABIULLAH, S/O MOHAMMED SHAFIQULLAH, AGED ABOUT 42 YEARS, R/AT 4TH CROSS, BHIMANNA LAYOUT, R.T.NAGAR POST, KAVALBYRASANDRA, BENGALURU – 560 032. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29472 WP No. 10131 of 2025 3. SRI. MAHABOOB PASHA, S/O SRI. ABDUL AZEEZ, AGED ABOUT 50 YEARS, R/AT NO. 14/1, 5TH MAIN, 2ND CROSS, VASANTHAPPA BLOCK, GANGANAGAR, R.T.NAGAR POST, BENGALURU – 560 032. 4. SRI. BAMDEV NAYAK, S/O LATE BAHADUR NAYAK, AGED ABOUT 70 YEARS, R/AT FLAT NO. E403, NELADRI MAHAL APARTMENTS II, BLOCK E, NO. 45/5, NANDIDIURGA ROAD, JAYAMAHAL EXTENSION, BENGALURU – 560 046. …RESPONDENTS (BY SRI G.S.VENKATAKA SUBBARAO, ADVOCATE FOR R3 VIDE ORDER DATED 4/4/2025 NOTICE TO R4 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.1237/2025 PENDING ON THE FILE OF III ADDITIONAL CITY CIVIL AND SESSION JUDGE, BANGALORE CITY (CCH-25) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29472 WP No. 10131 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "1. The Petitioner has filed the present petition seeking to set aside the order dated 29.03.2025 passed in O.S.No.1237/2025 by the III Additional City Civil & Session Judge, Bengaluru (CCH- 25) rejecting the Application filed by the petitioner herein, under section 151 of CPC and extending the exparte interim order till next date of hearing. 2. In the suit in O.S.No.1237/2025 exparte injunction not to put up construction and not to alienate was granted against the Defendants. The Petitioner filed an application under section 151 of CPC seeking not extend the interim order, which came to be rejected against which the Petitioner has filed the present Writ Petition, on the ground that Defendant No.1 has cognitive impairment and no order can be passed against him amongst other grounds. 3. In this Writ Petition this Hon'ble Court modified the exparte interim order granting permission to the Petitioner to continue construction but not to alienate and further observed that, the present order would not come in the way of trial court from hearing the applications and passing order. 4. The Petitioner submits that, the III Additional City Civil and Sessions Judge, after hearing both the sides disposed of IA No.1 and IA No.2 vide order dated 13.06.2025, thereby allowing IA No.1 and rejecting IA No.2 filed by the Respondent No.1 to 3 herein. The Petitioner herein has preferred a Miscellaneous First Appeal 4871/2025 against the order - 4 - HC-KAR NC: 2025:KHC:29472 WP No. 10131 of 2025 dated 13.06.2025 allowing IA No.1 filed by the Respondent No.1 to 3 herein. 5. Having regard to the disposal of IA No.1 and 2 filed under Order 39 Rule 1 and 2 R/w Section 151 of CPC by the Respondent No.1 to 3, the Petitioner may be permitted to withdraw the present Writ petition with liberty to take up all contentions in the Miscellaneous First Appeal, in the interest of justice and equity." In terms of memo, the petition is disposed as withdrawn. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 13