- 1 - HC-KAR NC: 2025:KHC:46405 WP No. 21758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 21758 OF 2025 (GM-CPC) BETWEEN: 1. SMT. CHIKKAMMA WIFE OF LATE KEMPAIAH, AGED ABOUT 82 YEARS, RESIDING AT NO. 871, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE- 560 086. 2. SRI. NARAYANA. K SON OF LATE KEMPAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO. 871, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE- 560 086. …PETITIONERS (BY SRI. GOPI P M., ADVOCATE) AND: 1. SMT. M. S. SHARADA WIFE OF LATE LAKSHMAN GOWDA, AGED ABOUT 65 YEARS, RESIDING AT NO.12/A, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE- 560 086. 2. SRI.B.L.CHANDRA MAHESH, SON OF LATE LAKSHMAN GOWDA, AGED ABOUT 41 YEARS, RESIDING AT NO.12/A, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE- 560 086. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46405 WP No. 21758 of 2025 3. SRI.GANGADHAR, SON OF LATE KEMPAIAH, AGED ABOUT 56 YEARS, RESIDING AT NO.871, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE-560086. 4. SMT. PRAMEELA, DAUGHTER OF LATE KEMPAIAH, WIFE OF R. SRINIVAS, AGED ABOUT 46 YEARS, RESIDING AT NO.871, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE-560086. 6. SMT.PADMAVATHI, DAUGHTER OF LATE KEMPAIAH, WIFE OF CHANDRASHEKARA, AGED ABOUT 39 YEARS, RESIDING AT NO.871, 14TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE-560086. 7. SRI. D. G. PUNEETH, SON OF GANGADHARA, AGED ABOUT 55 YEARS, RESIDING AT NO.21, VIDHANA SOUDHA LAYOUT, LAGGERE, BANGALORE- 560058 7. SRI.B.L.CHETHAN, SON OF LATE LAKSHMAN GOWDA, AGED ABOUT 35 YEARS, RESIDING AT 141/33, 9TH MAIN, 4TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BANGALORE-560096 …RESPONDENTS (BY SRI. V.MANJUNATHA., ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED 18.06.2025 PASSED IN O.S.NO. - 3 - HC-KAR NC: 2025:KHC:46405 WP No. 21758 of 2025 8171/2013 BY THE LEARNED XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-39) AS PER ANNEXURE-G AND THEREBY ORDERED TO ALLOW THE I.A NO.21 TO 23 FILED UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE TO REOPEN THE STAGE FROM ARGUMENTS TO FURTHER EVIDENCE OF DEFENDANTS SIDE, UNDER ORDER XVIII RULE 17 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE TO RECALL THE ORDER AND PERMIT THE DEFENDANT NO.1 TO 5 TO LEAD FURTHER EVIDENCE BY PRODUCING THE WITNESS LIST AND UNDER ORDER XVI RULE 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE PER ANNEXURE-C, D AND E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Learned counsel for the petitioner seeks leave of this Court to withdraw the petition by reserving liberty to the petitioner. Placing the submission on record, the petition is dismissed as withdrawn, reserving liberty to the petitioner. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 4