- 1 - HC-KAR NC: 2025:KHC:52386 CRP No. 354 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.354 OF 2017 BETWEEN: M. C. MUDDEGOWDA S/O CHIKKAMOOGEGOWDA AGED ABOUT 56 YEARS AGRICULTURIST, R/O MARAGOWDANAHALLI VILLAGE, KERAGODU HOBI, MANDYA TALUK & DISTRICT- 571446. …PETITIONER (BY SRI VINAY D HOSMATH, ADVOCATE) AND: 1. M. RAJANNA SINCE DEAD BY HIS LR’S 1(a) BHARATHI, W/O LATE M RAJANNA, AGED ABOUT 60 YEARS, 1(b) SHREE REKHA, W/O MAHESH, D/O LATE M RAJANNA, AGED ABOUT 39 YEARS, 1(c) M R CHETAN, S/O LATE M RAJANNA, AGED ABOUT 36 YEARS, RESPONDENTS 1(a) to 1(c) ARE R/O MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52386 CRP No. 354 of 2017 MANDYA TALUK AND DISTRICT-571 446. 2. APOORVA.M D/O M.C. MUDDEGOWDA, AGED ABOUT 24 YEARS R/O MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DISTRICT -571 446. 3. AKASHGOWDA S/O M.C. MUDDEGOWA AGED ABOUT 21 YEARS R/O MARAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DISTRICT -571 446. …RESPONDENTS (BY SRI SOMASHEKAR.K.M FOR SRI M.G.SATEESHA, ADVOCATES FOR R1(A TO C); SRI PRAMOD.R, ADVOCATE FOR R2 AND R3) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 17.08.2017 PASSED ON I.A No.4 IN O.S. No.83/2006 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM AT MANDYA, ALLOWING I.A No.4 FILED UNDER ORDER VI RULE 17 OF CODE OF CIVIL PROCEDURE, TO AMEND THE PRAYER COLUMN SO AS TO INSERT THE PRAYER FOR POSSESSION OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:52386 CRP No. 354 of 2017 ORAL ORDER After addressing the arguments for some time, learned counsel for the revision petitioner files a memo which reads as under: “In view of amended provisions in Code of Civil Procedure the above Civil Revision Petition is not maintainable. Hence the petitioner prays that this Hon’ble Court be pleased to permit him to withdraw the above Civil Revision Petition with liberty to file W.P. before this Hon’ble Court. WHEREFORE, this Hon’ble court be pleased to permit the petitioner to withdraw the above revision petition with liberty to file writ petition in the interest of justice and equity.” 2. Placing the memo on record, Civil Revision Petition is dismissed as withdrawn with liberty as prayed for. 3. Time spent before this Court shall be excluded for the purpose of delay and laches. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 66