- 1 - HC-KAR NC: 2025:KHC-D:17184 WP No. 109186 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109186 OF 2025 (GM-CPC) BETWEEN: SMT. SHUSHILA W/O NAGOSA JADI AGE. 80 YEARS, OCC. BUSINESS, R/O. BEHIND PAI HOTEL, BAILAPPANVAR NAGAR, HUBLI-29. …PETITIONER (BY SRI. PRAKASH K. JAWALKAR, ADVOCATE) AND: 1. SHRI CHANDRAKANT S/O SHANKAR KATHARE AGE. 64 YEARS, OCC. BUSINESS, R/O. #50, 5TH CROSS, 4TH MAIN ROAD, MALLESHWARAM, BANGALORE-03. 2. SHRI RAJESH S/O NAGOSA JADI AGE. 58 YEARS, OCC. BUSINESS, R/O. H.NO.29, GOLDEN PARK, VIJAYANAGAR EXTN. HUBLI-580031. 3. SMT. AMBUJA W/O ANAND JADI AGE. 53 YEARS, OCC. HOUSEWIFE, R/O. H.NO.13, BAILAPANAVAR NAGAR, HUBBALLI-580029. 4. MANISH S/O ANAND JADI AGE. 26 YEARS, OCC. SERVICE, R/O. H.NO.13, NEAR OAKS HOTEL, JADI BUILDING, BAILAPANAVAR NAGAR, HUBBALLI-580029. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: HIGH COURT OF KARNATAKA Date: 2025.12.09 18:07:12 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17184 WP No. 109186 of 2025 5. KEDAR S/O ANAND JADI AGE. 24 YEARS, OCC. STUDENT, R/O. H.NO.13, NEAR OAKS HOTEL, JADI BUILDING, BAILAPANAVAR NAGAR, HUBBALLI-580029. 6. EKTA D/O ANAND JADI AGE. 21 YEARS, OCC. STUDENT, R/O. H.NO.13, NEAR OAKS HOTEL, JADI BUILDING, BAILAPANAVAR NAGAR, HUBBALLI-580029. 7. SHRI RAMESH S/O NAGOSA JADI AGE. 48 YEARS, OCC. BUSINESS, R/O. H.NO.13, BAILAPPANAVAR NAGAR, HUBLI-580029. 8. SMT. RAJASHRI W/O CHANDRASHEKHAR KATHARE AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. D.NO.150TH, 5TH CROSS, 4TH MAIN ROAD, MALLESHWARAM, BANGALORE-560003. …RESPONDENTS (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDERS THEREBY SETTING ASIDE THE ORDER DATED 24.11.2025 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, HUBBALLI IN ORIGINAL SUIT NO.94/2014 DISMISSING I.A.NO.XXV THEREBY ALLOW THE I.A.NO.XXV AT ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17184 WP No. 109186 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. Learned counsel for the petitioner, after arguing for some time, seeks leave of the Court to withdraw the petition and also seeks permission to file an application for amendment of the written statement so as to raise all legally permissible defences. 3. Submission is placed on record. 4. The petition is dismissed as withdrawn. 5. In case any application is filed by the petitioner/defendant before the Trial Court to seek amendment, same shall be considered in accordance with law after hearing the plaintiff/respondent. - 4 - HC-KAR NC: 2025:KHC-D:17184 WP No. 109186 of 2025 6. It is made clear that the Court has not expressed anything on the merits of the application, which is likely to be filed by the petitioner/defendant. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP LIST NO.: 1 SL NO.: 25