- 1 - HC-KAR NC: 2025:KHC:31742 WP No. 16958 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16958 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SHOBHA W/O LATE N.P. KUMARASWAMY, AGED ABOUT 51 YEARS, R/A KAREKATTE VILLAGE, SANTHEBENUR HOBLI, CHANNAGIRI - 577 552. 2. SRI N.P. RUDRASWAMY S/O LATE N.P. KUMARASWAMY, AGED ABOUT 32 YEARS, R/A KAREKATTE VILLAGE, SANTHEBENUR HOBLI, CHANNAGIRI - 577 552. …PETITIONERS (BY SRI. VIVEKANANDA N., ADVOCATE) AND: 1. SRI. NAGENDRA NAIK S/O LATE GEMYA NAIK, AGED ABOUT 52 YEARS, DEVELOPMENT OFFICER, NEW INDIA ASSURANCE, PANDURANGA COMPLEX, NEAR BUS STAND, CHIKMAGALUR - 577 101. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31742 WP No. 16958 of 2024 2. SRI MANI NAIK S/O LATE GEMYA NAIK, AGED ABOUT 50 YEARS, OCC: AGRICULTURIST, R/O. KASHIPURA, CHANNAGIRI - 577 213. 3. SRI MANOHAR NAIK S/O LATE GEMYA NAIK, AGED ABOUT 52 YEARS, OCC: AGRICULTURIST, R/O. KASHIPURA, CHANNAGIRI - 577 213. 4. SRI MURTHYA NAIK S/O LATE GEMYA NAIK, AGED ABOUT 38 YEARS, OCC: HIGH SCHOOL TEACHER, GOVERNMENT HIGH SCHOOL, MATTUR (PO), BYDAGI - 581 106. 5. SRI. RAVIKUMAR S/O LATE GEMYA NAIK, AGED ABOUT 41 YEARS, OCC: TEACHER, GOVERNMENT HIGH SCHOOL, SONALE, HOSANAGARA - 577 418. 6. SRI DEVARAJU S/O LATE THAVARYA NAIK, AGED ABOUT 34 YEARS, R/A. KASHIPURA VILLAGE, DODDAMALLAPURU, CHANNAGIRI - 577 213. - 3 - HC-KAR NC: 2025:KHC:31742 WP No. 16958 of 2024 7. SMT. VIJAYA BAI D/O LATE THAVARYA NAIK, W/O KUMARA NAIK, AGED ABOUT 41 YEARS, R/A KASHIPURA VILLAGE, DODAMALLAPURU, CHANNAGIRI - 577 213. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DTD 8.04.2024 IN SO FAR AS ORDER PASSED ON IA NO. 2 BY SENIOR CIVIL AND JMFC CHANNAGIRI IN OS NO. 41/2022 WHEREIN THE TRIAL COURT ALLOWED THE APPLICATION UNDER VI RULE 17 OF CIVIL PROCEDURE CODE 1908 FILED BY THE RESPONDENT PRODUCED AT ANNX-A AND DISMISS THE IA NO. 2 UNDER VI RULE 17 OF CIVIL PROCEDURE CODE 1908 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioners submits that the petitioners would withdraw the petition and contest the application before the concerned Court. - 4 - HC-KAR NC: 2025:KHC:31742 WP No. 16958 of 2024 Leaving open all the contentions, the petition stands disposed as withdrawn with the aforesaid liberty. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 19 CT: BHK