- 1 - HC-KAR NC: 2025:KHC:50160 WP No. 7653 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 7653 OF 2021 (GM-CPC) BETWEEN: SRI K.M. SHAFIULLA SHARIFF S/O LATE KHAJI MOHIDIN SHARIFF AGED ABOUT 82 YEARS R/AT KHAJI STREET, SIDLAGHATTA TOWN, CHIKKABALLAPURA DIST. …PETITIONER (BY SRI PRASHANTH P.N, ADV.) AND: 1. a. 2. VENKATESHAPPA SINCE DEAD BY LRS SRI BAYYANNA S/O LATE VENKATESHAPPA SRI JAYANA @ MALLAPPA S/O LATE BAYYANNA AGED ABOUT 64 YEARS R/AT MALLAPPALLI VILLAGE, VEMGAL HOBLI KOLAR TALUK - 563 101. 3. SMT. MAHABOOBUNNISSA W/O SHAIK SARDAR D/O LATE KHAJI MOHIDDIN SHARIF AGED ABOUT 78 YEARS R/AT SHAHINSHA NAGAR KOLAR - 563 10. 3. SMT. FARAN TAZ W/O MOHAMMED KHAJA @ BABU D/O LATE KAJI MOHIDDIN SHARIF AGED ABOUT 70 YEARS R/AT R.T.NAGAR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50160 WP No. 7653 of 2021 DINNUR MAIN ROAD BANGALORE -560 032. …RESPONDENTS (BY SRI R.R. DEVENDRA GOWDA, ADV., FOR R-1 & R-2, V/O DTD 21.02.2024, NOTICE TO R-3 & R-4 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDE KOLAR ON IA NO.2 UNDER ORDER VI RULE XVII IN R.A.NO.119/2019 VIDE ORDER DTD.4.3.2021 ANNEXURE-L BEING ARBITRARY CAPRICIOUS AND BEING IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition is filed under Article 227 of the Constitution of India with a prayer to set-aside the order dated 04.03.2021 passed on IA No.2 in RA No.119/2019 by the Court of II Addl. Senior Civil Judge, Kolar. 2. Learned counsel for the petitioner after arguing the matter for sometime submits that by mistake proper facts has not been stated in IA No.2 which was filed in RA No.119/2019. Therefore, petitioner may be permitted to withdraw IA No.2 which was filed in RA No.119/2019 with liberty to file a fresh application seeking appropriate relief. - 3 - HC-KAR NC: 2025:KHC:50160 WP No. 7653 of 2021 3. Learned counsel for the respondents submits that because of the pendency of RA No.119/2019, the amount awarded after the land in question was acquired by the KIADB has not been disbursed till date. 4. It is not in dispute that there is no interim order operating in this petition or in RA No.119/2019 restraining the competent authorities from disbursing the amount awarded in the land acquisition proceedings. According to the learned counsel for the petitioner, description of the suit schedule property was wrongly mentioned in the plaint and therefore, IA No.2 was filed in RA No.119/2019 under Order VI Rule 17 read with Section 151 of CPC seeking permission to amend the plaint. He has made a submission before this Court that there is some mistake in IA No.2, which was filed in RA No.119/2019 and therefore, has prayed to permit him to withdraw the said application and file fresh application seeking appropriate relief. Considering the nature of dispute between the parties in the present case, I am of the opinion that the prayer made by the petitioner needs to be granted. Accordingly, the following order:- - 4 - HC-KAR NC: 2025:KHC:50160 WP No. 7653 of 2021 5. Petitioner is permitted to withdraw IA No.2 filed by him in RA No.119/2019 with liberty to file a fresh application seeking appropriate relief. 6. In view of the aforesaid, this writ petition does not survive for consideration. Accordingly, the same is dismissed. 7. In the event, petitioner files a fresh application, the same shall be considered by the Trial Court without being influenced by the observations made in the order impugned or by the observations made by this Court in this order. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 45