- 1 - HC-KAR NC: 2025:KHC:47302 WP No. 3627 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 3627 OF 2024 (GM-CPC) BETWEEN: M/S BAGMANE DEVELOPER PVT LTD, COMPANY REGISTERED UNDER COMPANIES ACT 1956, REPRESENTED BY ITS DIRECTOR/ AUTHORIZED REPRESENTATIVE, SRI RAMAKRISHNA, S/O VENKATARAMANAPPA, AGED ABOUT 52 YEARS, HAVING ITS REGISRTERED OFFICE AT NO.65/2, 5TH FLOOR, D BLOCK, LAUREL, BAGMANE TECH PARK, CV RAMAN, BANGALORE - 560 093. …PETITIONER (BY SRI. LATHA S SHETTY., ADVOCATE) AND: 1. SMT. YESHODHA, D/O LATE SUBBIAH, AGED ABOUT 56 YEARS, R/A NO.31, GROUND FLOOR, P M ENCLAVE, NEAR MOTHER DIARY, YELAHANKA NEW TOWN, BENGALURU - 560 065. 2. SRI NAGARAJU, D/O LATE SUBBIAH, AGED ABOUT 59 YEARS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47302 WP No. 3627 of 2024 3. SRI NARAYANA, S/O LATE SUBBAIAH, AGED ABOUT 59 YEARS, RESPONDENT NO.2 AND 3 ARE R/A NO.135, SRINIDHI NILAYA, ALLALSANDRA VILLAGE, YELAHANKA HOBLI, BENGALURU - 560 065. 4. SMT PARVATHAMMA, D/O LATE SUBBAIAH, W/O LATE VENKATESH, AGED ABOUT 67 YEARS, R/A 558, RAMA MANDIR STREET, KODIGEHALLI, SAHAKARANAGAR, BENGALURU - 560 092. 5. SMT SAVITHA, D/O LATE SUBBAIAH, W/O GOVINDARAJU, AGED ABOUT 61 YEARS, R/A 334, RAM DEV DESSI, 80 FEET ROAD, MIG 2ND PHASE, A SECTOR, YELAHANKA NEW TOWN, BENGALURU - 560 064. 6. SMT SUGUNAMMA, D/O LATE SUBBAIAH, W/O SUJENDRA, AGED ABOUT 63 YEARS, R/A NO.208, 4TH B CROSS, 3RD BLOCK, HRBR LAYOUT, KALYAN NAGAR, BENGALURU - 560 043. 7. SRI MUNE GOWDA, S/O PAPANNA @ MUNISWAMAPPA, AGED ABOUT 73 YEARS, - 3 - HC-KAR NC: 2025:KHC:47302 WP No. 3627 of 2024 8. KUM TEJASWINI, D/O LATE SRINIVASA, AGED ABOUT 65 YEARS, SMT THAYAMMA, SINCE DEAD REPRESENTED BY LRS 9. SMT ANITHA S, D/O LATE THAYAMMA, AGED ABOUT 40 YEARS, 10. SMT ASHWINI S, D/O LATE THAYAMMA, AGED ABOUT 38 YEARS, 11. SMT ANNAPOORNA S, D/O LATE THAYAMMA, AGED ABOUT 36 YEARS, RESPONDENT 7 TO 11 ARE R/O ALLALSANDRA VILLAGE, YELAHANKA HOBLI, GKVK POST, BENGALURU - 560 065. 12. SMT LAKSHMAMMA, D/O LATE DODDAIAH, AGED ABOUT 93 YEARS, 13. SRI NANJE GOWDA, AGED ABOUT 61 YEARS, S/O LATE DODDAIAH, 14. SRI GOVINDARAJU, AGED ABOUT 59 YEARS, S/O LATE DODDAIAH, 15. SRI BABU, AGED ABOUT 57 YEARS, S/O LATE DODDAIAH, 16. SMT SARSWATHAMMA, - 4 - HC-KAR NC: 2025:KHC:47302 WP No. 3627 of 2024 AGED ABOUT 67 YEARS, D/O LATE DODDAIAH, 17. SMT NAGAVENI, AGED ABOUT 65 YEARS, D/O LATE DODDAIAH, 18. SMT SUJATHA, AGED ABOUT 65 YEARS, D/O LATE DODDAIAH, RESPONDENT NO.12 TO 18 ARE R/O ALLALSANDRA VILLAGE, YELAHANKA HOBLI, GKVK POST, BENGALURU - 560 064. 19. NATURAL GRANITE WORLD, REG UNDER PARTNERSHIP ACT, 1932, REP BY ITS PARTNER SURENDRA CHOUDHARTY, AT NO 4 (SURVEY NO 57), ALLASANDRA GATE, YALAHANKA BENGALURU, BENGALURU - 560 065. 20. NEW INDIA GRANITE CENTRE, REG UNDER PARTNERSHIP ACT, 1932, REP BY ITS MANAGING PARTNER, SHAKIL PASHA, AT NO 67 (SURVEY NO 57) ALLSSANDRA GATE, YALAHANKA BENGALURU, BENGALURU - 560 065. 21. DHAKA MARBLES AND GRANTITES, A PARTNERSHIP FIRM, REG UNDER PARTNERSHIP ACT, 1932, AT NO 67 (SURVEY NO 57) ALLSSANDRA GATE, YALAHANKA BENGALURU, BENGALURU - 560 065. - 5 - HC-KAR NC: 2025:KHC:47302 WP No. 3627 of 2024 22. SMT PAPAMMA, W/O LATE SUBBAIAH, AGED ABOUT 87 YEARS, RA/T NO 135, SRINIDHI NILAYA, ALLSSANDRA GATE, YALAHANKA BENGALURU, BENGALURU - 560 065. …RESPONDENTS (BY SRI. PRASANNA KUMAR C S., ADVOCATE FOR R-1; SRI.LOKANATH., ADVOCATE FOR R-2; SRI.ESHWARA H.H., ADVOCATE FOR R-6; NOTICE TO R-3 TO R-5 AND R-7 TO R-22 IS D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE DIRECTION ORDER DTD 27.09.2021 PASSED BY THE HONBLE XXVIII ADDL CITY CIVIL JUDGE AT MAYOHALL UNIT, BENGALURU (CCH 29) ON ISSUE NO.5 IN THE SUIT OS 26016/2014 WHEREIN THE COURT HAS PASSED THE ORDER TO CONSIDER THE ISSUE NO.5 ALONG WITH THE MAIN MATTER ANNEXURE-A., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Learned Counsel for the petitioner has filed a memo seeking permission of this Court to withdraw the petition. - 6 - HC-KAR NC: 2025:KHC:47302 WP No. 3627 of 2024 2. Memo is taken on record. Petition is dismissed as withdrawn. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 21