- 1 - HC-KAR NC: 2025:KHC:34590 WP No. 25331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25331 OF 2025 (GM-CPC) BETWEEN: 1. THOMAS PHILIPS, AGED ABOUT 85 YEARS, S/O LATE C.THOMAS PHILIPS, R/AT NO.5, MC PHERSON ROAD, COOKE TOWN, BENGALURU – 560 005. 2. SUSAN NINAN, AGED ABOUT 77 YEARS, W/O O.C.NINAN, D/O LATE C.THOMAS PHILIPS, R/AT 1420, SUTTER CREEK DRIVE, EL DORADA HILLS, CA 95762, USA. ALSO AT NO.05, MC PHERSON ROAD, COOKE TOWN, BENGALURU – 560 005, REPRESENTED BY POWER OF ATTONERY HOLDER, THOMAS PHILIPS. 3. ALEXANDER PHILIPS, AGED ABOUT 84 YEARS, S/O LATE C.THOMAS PHILIPS, R/AT NO.5, PINEWOOD LANE, OUBEWOOD LANE, CUMBERLAND, RI02864, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34590 WP No. 25331 of 2025 USA. REPRESENTED BY POWER OF ATTORNEY HOLDER, THOMAS PHILIPS. 4. MARY SAMUEL OOMMEN, W/O MR. SAMUEL OOMMEN, D/O LATE C.THOMAS PHILIPS, R/AT NO.19, RAYCT, ALAMO, RAYCT CA-94507, USA, REPRESENTED BY POWER OF ATTORNEY HOLDER, THOMAS PHILIPS. …PETITIONERS (BY SRI. A.S.VISHWAJITH, ADVOCATE) AND: 1. SMT. VAIJAYANTHI MALA, AGED ABOUT 74 YEARS, W/O ARUMUGAM, R/AT NO.5, 3RD CROSS, L.B. SHASHRINAGAR, INDIRANAGAR, BENGALURU – 560 038. 2. I.JOHN NESAKUMAR, AGED ABOUT 49 YEARS, S/O IRUTHAYAM, R/AT NO.36, TF-2, NASCO GULMOHAR APARTMENT, HAINES ROAD, FRAZER TOWN, BENGALURU – 560 005. 3. VAISHNAV KARKERA, - 3 - HC-KAR NC: 2025:KHC:34590 WP No. 25331 of 2025 AGED ABOUT 25 YEARS, S/O MR. SHASHIKANTH KARKERA, R/AT FLAT NO.1102, 11TH FLOOR, H.M. GRANDUER, WHEELER ROAD, FRAZER TOWN, BENGALURU – 560 005. 4. MR. VAIBHAV S.KARKERA, AGED ABOUT 30 YEARS, S/O MR.SHASHIKANTH KARKERA, R/AT FLAT NO.1102, 11TH FLOOR, H.M. GRANDUER, WHEELER ROAD, FRAZER TOWN, BANGALORE-560005. 5. MR. SHASHHIKANTH, AGED ABOUT 59 YEARS, KARKERA, S/O MR. B. MADHAVA, R/AT FLAT NO.1102, 11TH FLOOR, H.M. GRANDUER, WHEELER ROAD, FRAZER TOWN, BANGALORE – 560 005. 6. MANAGING DIRECTOR, KARNATAKA BANK LTD, REPRESENTED BY MR. ROHITH KUMAR B., REGD. AND HEAD OFFICE AT MAHAVEERA CIRCLE, KANKANADY, MANGALORE – 575 002. 7. THE BRANCH MANAGER, KARNATAKA BANK LTD., - 4 - HC-KAR NC: 2025:KHC:34590 WP No. 25331 of 2025 KASTURBA ROAD BRANCH, BENGALURU – 560 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 21 JULY 2025 PASSED BY THE CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CH 27 IN OS NO. 4434/2018 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioners seeks leave of the Court to withdraw the petition on account of the redressal of the grievances of the petitioners. The memo so filed reads as follows: "The undersigned Counsel for the Petitioners craves leave of this Hon'ble Court to withdraw the petition. THEREFORE, the memo may be allowed in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:34590 WP No. 25331 of 2025 In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 42