- 1 - HC-KAR NC: 2025:KHC-D:12003 WP No. 106784 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106784 OF 2025 (GM-CPC) BETWEEN: SRI. REHAMAN S/O. SADUSAB SAYYAD, AGED ABOUT 43 YEARS, OCC. AGRICULTURE, R/O. SANGANAKERI, TQ. MUDALAGI, BELAGAVI-591224. …PETITIONER (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: SRI. BASAVARAJ S/O. SANGAYYA HIREMATH, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, R/O. 1ST CROSS, VIVEKANAND NAGAR, GOKAK, TQ. GOKAK, DIST. BELAGAVI-591307. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 23/08/2025 PASSED IN O.S.NO.178/2020 PASSED BY PRL. SENIOR CIVIL JUDGE, GOKAK, BELGAUM, ON THE MEMO FOR WITHDRAWAL OF THE SUIT VIDE ANNEXURE-E; 2. ISSUE SUCH OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AS THIS HON BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE INCLUDING AN ORDER FOR COSTS MAY KINDLY BE PASSED. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12003 WP No. 106784 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondent is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ in the nature of Certiorari to Quash the Impugned order dated 23/08/2025 passed in O.S.No.178/2020 passed by Prl. Senior Civil Judge, Gokak, Belgaum, on the memo for withdrawal of the suit vide Annexure-E. 2. Issue such other suitable writ or order or directions as this Hon’ble Court deems fit under the circumstances of the present case including an order for costs may kindly be passed. 3. The plaintiff had filed a suit in O.S.No.178/2020, seeking for declaration and consequential relief of injunction. The plaintiff had filed a memo on 23.08.2025 for dismissal of the suit as not pressed, which came to be rejected by the order dated - 3 - HC-KAR NC: 2025:KHC-D:12003 WP No. 106784 of 2025 23.08.2025. It is challenging the same the petitioner is before this Court. 4. A perusal of the impugned order dated 23.08.2025 indicates that, based on the memo, a suit cannot be dismissed and directed the plaintiff to file appropriate application seeking for appropriate relief. There can be no infirmity found in the said order. It is for the plaintiff to file necessary application under the relevant provision of law. 5. Reserving liberty to do so, the petition stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 29