- 1 - HC-KAR NC: 2025:KHC:28584 WP No. 33788 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 33788 OF 2018 (GM-CPC) BETWEEN: 1. SHRI. K. V. SHIVAKUMAR S/O LATE SHRI K VISHWAMATHAIAH SETTY, AGED ABOUT 76 YEARS, R/AT. NO.3, CHURCH ROAD, BASAVANAGUDI, BENGALURU, BENGALURU-560004. …PETITIONER (BY SRI. ADITHYA BHAT., ADVOCATE FOR SRI.G.S.BHAT.,ADVOCATE) AND: 1. MRS. AYESHA MOOSA SINCE, DECEASED REPRESENTED BY HER LEGAL HEIR RESPONDENT NO.2(R2) 2. MRS SALMA D/O LATE SRI K KANDNERY MOHAMMED MOOSA AGED ABOUT 50 YEARS, R/AT NO.18, 3RD CROSS, KAMMANAHALLI MAIN ROAD, BENGALURU-560084. 3. THE KARNATAKA PRADESH KURABARA SANGHA A SANGHA CONSTITUTED UNDER THE PROVISIONS Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:28584 WP No. 33788 of 2018 OF THE SOCIETIES REGISTRATION ACT AND HAVING ITS OFFICE AT KALIDASA MARG, GANDHINAGAR, BANGALORE, BENGALURU-560009. 4. THE PRESIDENT BEERESHWARA SWAMY TEMPLE BESIDE HARRYS ROAD, OLD NO.1, NEW NO.23, BENSON ROAD, BENSON TOWN, BENGALURU-560046. 5. M/S IBRAHIM ESTATE PRIVATE LTD A PRIVATE LIMITED COMPANY HAVING ITS REGISTERED OFFICE AT NO.15, OLD NO.45, 43RD CROSS, P & T COLONY, VENKATESHAPURAM, KADUGONDANAHALLI, ARABIC COLLEGE POST, BENGALURU-560045. REPRESENTED BY ITS MANAGING DIRECTOR SHRI IBRAHIM KHAN S/O LATE SHRI KARIMI KHAN AGED ABOUT 79 YEARS 6. M/S C M M GROUPS LAND BANK BUILDERS & DEVELOPERS HAVING THEIR OFFICE AT NO.1/1 IST FLOOR, 2ND MAIN, R T NAGAR BANGALORE, BENGALURU-560032 REPRESENTED BY ITS PROPRIETOR DR C K MOULA SHERIFF S/O NOT KNOWN TO THE PLAINTIFF/PETITIONER MAJOR BY AGE - 3 - HC-KAR NC: 2025:KHC:28584 WP No. 33788 of 2018 …RESPONDENTS (BY SRI. D.U.SENTHIL KUMAR.,ADVOCATE FOR R2., SRI.RAVI H.K., ADVOCATE FOR R3., SRI.BASAVARAJ S.SAPPANNAVAR., ADVOCATE FOR R5., R4 AND R6 SERVED AND UNREPRESENTED., V/C/O DTD;25.07.2025 SINCE DECEASED R1 REPRESENTED BY HER LRS R2.,) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.1686/2016 PENDING BEFORE THE COURT OF XXIXTH ADDITIONAL CITY CIVIL JUDGE, BENGALURU CITY AND OTHERS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel appearing for the petitioner has filed a memo for withdrawal of the petition. The said memo reads as under: "The undersigned Counsel on instructions from the Petitioner, craves leave of this Hon'ble Court to - 4 - HC-KAR NC: 2025:KHC:28584 WP No. 33788 of 2018 withdraw the captioned petition with further liberty to institute appropriate proceedings challenging the order dated 6.2.2017 passed by the Ld.Trial Court on I.A.No.1 in O.S.No.1686/2016 as well as the order dated 30.6.2018 passed by the Ld.Trial Court on I.A.No.8 in O.S.No.1686/2016, if so necessary. WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to take on record the instant memo and pass appropriate orders in the interest of justice and equity.." 2. The said memo is taken on record. 3. In view of the aforesaid memo, the writ petition is hereby dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE CH List No.: 1 Sl No.: 33