- 1 - HC-KAR NC: 2025:KHC:47804 WP No. 7867 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. 7867 OF 2025 (GM-AC) BETWEEN: ICICI LOMBARD GENERAL INSURANCE COMPANY LTD NO. 83, 2ND FLOOR HOSUR MAIN ROAD MADIVALA, BANGALORE. NOW REP BY THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD 121, THE ESTATE BUILDING, 9TH FLOOR DICKSON ROAD, M.G. ROAD BANGALORE-560001 REP. BY ITS LEGAL MANAGER. COMPANY IS REGISTERED UNDER COMPANY ACT 1956. …PETITIONER (BY SRI. PRADEEP B., ADVOCATE) AND: 1. SUMITHRA W/O. LATE ANJINAPPA AGED ABOUT 33 YEARS. 2. NAKSHA. A, D/O. LATE ANJINAPPA AGED ABOUT 11 YEARS 3. PRIYADARSHINI. A D/O LATE ANJINAPPA, AGED ABOUT 9 YEARS. MINOR REPRESENTED BY THE N/G AND MOTHER - 1ST RESPONDENT I.E., SUMITHRA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47804 WP No. 7867 of 2025 4. NAGENDRAPPA, S/O. LATE HORAKERAPPA AGED ABOUT 79 YEARS. ALL ARE R/O HONNENAHALLI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT.-577527. 5. MURUGESH H.S S/O. SIDDALINGAPPA H.S AGED ABOUT 56 YEARS R/O KULENUR VILLAGE SANTHEBENNUR HOBLI CHANNAGIRI TALUK DAVANAGERE DISTRICT. -577213 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER TO QUASH THE ORDER AS PER ANNEXURE-F DATED 11-11-2024 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, HOSADURGA ON APPLICATION BEARING NO.2/2025 FILED UNDER SECTION 5 OF LIMITATION ACT AS PER ANNEXURE D AND NO.1/2025 FILED UNDER ORDER VII RULE 11 (D) R/W 151 OF CPC AND 166(3) OF MV ACT AS PER ANNEXURE B IN MVC NO. 1028/2022 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; i. Issue appropriate writ or order to quash the order as per annexure-e dated 11-11-2024 passed by the court of the senior civil judge and addl. MACT, Hosadurga on application Bearing no.1/2025 filed under Section 5 of Limitation Act as per Annexure - D and no.2/2025 filed under order vii rule 11 (d) r/w 151 of CPC and 166(3) of MV Act as per Annexure B in MVC No. 1028/2022. - 3 - HC-KAR NC: 2025:KHC:47804 WP No. 7867 of 2025 ii. Reject the application filed by the 1 respondent under Section 5 of the Limitation At, as per Annexure-D and hold that claim petition as per Annexure-A. iii. 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 28.10.2025 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. 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