- 1 - HC-KAR NC: 2025:KHC:45383 WP No. 31438 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 31438 OF 2025 (GM-CPC) BETWEEN: SRI T G NAGARAJU S/O LATE GURUSIDDAPPA, AGED ABOUT 77 YEARS, R/O MIG-II, HOUSE NO. 18, ARALIMARADAPALYA AREA, KHB HOUSING COLONY, SIRA GATE, TUMAKURU 572 106. REPRESENTED BY SPA HOLDER, SMT RAJESHWARI W/O T G NAGARAJU, AGED ABOUT 66 YEARS, R/O MIG-II, HOUSE NO. 18, ARALIMARADAPALYA AREA, KHB HOUSING COLONY, SIRA GATE, TUMAKURU 572 106. …PETITIONER (BY SRI. RAMESH K R., ADVOCATE) AND: SMT. S R GEETHA W/O S G MALLIKARJUNA, AGED ABOUT 65 YEARS, R/AT NEAR THAMMAIAH HOSPITAL, SHIRADI SAI BABA NAGAR, TUMAKURU 572 103. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45383 WP No. 31438 of 2025 ORDER DATED 04.09.2025 PASSED BY THE LEARNED V. ADDITIONAL CIVIL JUDGE AND VI. JMFC, TUMAKURU ON I.A. FILED BY THE PETITIONER UNDER ORDER 26 RULE 10(A) R/W. SECTION 73 OF INDIAN EVIDENCE ACT, IN O.S.NO.483/2008 AT ANNEXURE-A AND THEREBY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 26 RULE 10(A) R/W. SECTION 73 OF INDIAN EVIDENCE ACT, IN O.S.NO.483/2008 AS PRAYED FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to urge all grounds that are taken in this petition before the appropriate forum in other matters that are filed against the respondent including the very same case before the trial Court. Hence, the petition is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 7