- 1 - HC-KAR NC: 2025:KHC:45437 WP No. 37997 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 37997 OF 2019 (GM-CPC) BETWEEN: 1. 1(i) SRI BHISHMAPITAMAHA SINCE DEAD REPRESENTED BY HIS LRS SRI KULDEEP PRAKASH S/O LATE BHISHMA PITAMAHA AGED ABOUT 49 YEARS. 1(ii) SMT. SHOBHA DEVI W/O SRI SUDHIR MISHRA AGED ABOUT 61 YEARS. 1(iii) SMT. NISHA SHARMA D/O LATE BHISHMA PITAMAHA AGED ABOUT 51 YEARS. 1(iv) SMT. ANJANA D/O LATE BHISHMA PITAHAMA AGED ABOUT 47 YEARS. 1(v) SMT. VIJAYA LAKSHMI D/O LATE BHISHMA PITAMAHA AGED ABOUT 44 YEARS. 1(vi) SMT. HEMALATHA D/O LATE BHISHMA PITAMAHA SINCE DECEASED REP. BY HER HUSBAND SRI RAJESH KUMAR SHARMA S/O LATE MANOHAR NATH SHARMA AGED ABOUT 54 YEARS. ALL ARE RESIDING AT NO.573 ASHOKA ROAD LAKSHAR MOHALLA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45437 WP No. 37997 of 2019 MYSURU - 570 001. ALL ARE REPRESENTED BY THEIR GPA HOLDER SRI RAMAJANAM S/O SRI BANAVARI R/AT NO.573, ASHOKA ROAD MYSURU - 570 001. …PETITIONERS (BY SRI RAVI B. NAIK, SR. COUNSEL FOR SRI VIJETHA R NAIK, ADV.) AND: 1. SRI MAHANTH K. KRISHNAMOHANANDA GIRI GOSWAMY MAHANTH OF SRI TRIPURA BHAIRAVI MATH AGED ABOUT 57 YEARS RESIDING AT NO.573, ASHOKA ROAD MYSURU - 570 001. 2. SRI NANJAPPA S/O LATE NINAGAPPA MAJOR RESIDING AT OPP: TO YAGNNAVALKA ASHRAMA, POORNAIAH BEEDI WARD NO.7, SRIRANGAPATNA MANDYA DISTRICT. 3. SRI NANJUNDA S/O SHIVASWAMY MAJOR RESIDING AT OPP: TO YAGNNAVALKA ASHRAMA, POORNAIAH BEEDI WARD NO.7, SRIRANGAPATNA MANDYA DISTRICT. 4. SRI VIDYA SHANKAR S/O SHIVASWAMY MAJOR RESIDING AT OPP: TO YAGNNAVALKA ASHRAMA, POORNAIAH BEEDI WARD NO.7, SRIRANGAPATNA MANDYA DISTRICT. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:45437 WP No. 37997 of 2019 (BY SRI ABHINAVA R, ADV. KUMAR & KUMAR ADVOCATES FOR R-1; R-2 TO R-4 SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS W.P. AND QUASH THE ORDER DATED 12th MARCH 2019 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, SRIRANGAPATNA, ON APPLICATION FILED BY THE PETITIONER IN O.S.NO.216/2017 A COPY OF WHICH IS PRODUCED HEREWITH AND MARKED AS ANNX-F TO THE SUIT THEREBY ALLOWING THE APPLICATION OF THE PETITIONER. 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 Learned Senior Counsel for the petitioners after arguing the matter for some time submits that this petition may be dismissed as withdrawn with liberty to the petitioners to initiate appropriate proceedings before the jurisdictional Court in order to protect his rights. He has filed a memo seeking permission of this Court to withdraw the petition with liberty to independently institute a suit for declaration and permanent injunction. 2. The submission and memo is taken on record. 3. Writ petition is dismissed as withdrawn with liberty as prayed for. - 4 - HC-KAR NC: 2025:KHC:45437 WP No. 37997 of 2019 4. All contentions urged by both sides are left open. 5. Pending IAs' do not survive for consideration and accordingly, the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 41