- 1 - HC-KAR NC: 2025:KHC:52483 WP No. 18367 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 18367 OF 2021 (GM-CPC) BETWEEN: SRI K M SURESH S/O K.MANJAPPA GOWDA AGED ABOUT 53 YEARS R/AT SRIHARI NIVAS D BLOCK, 60 FT ROAD GOPALAGOWDA EXTENSION SHIVAMOGGA CITY - 577 201. …PETITIONER (BY SRI K.M. SURESH, ADV., -ABSENT) AND: K.M. SHASHIDHAR S/O LATE N.G. MAHESWARAPPA AGED ABOUT 50 YEARS AGRICULTURIST AND ADVOCATE R/AT KNES LAYOUT, C-17 NAVARLE, SAVALANGA ROAD SHIVAMOGGA CITY - 577 201. …RESPONDENT (BY SRI R. GOPALA, ADV.) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DATED 19.08.2021 PASSED IN O.S.NO.88 OF 2020 PASSED ON I.A.NO.9 VIDE ANNEXURE-D ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA AND FURTHER ALLOW THE IA NO.9 FILED UNDER ORDER 7 RULE 10 OF CPC FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52483 WP No. 18367 of 2021 ORAL ORDER 1. Learned counsel Sri. Manjunatha Rao Bhounsle appearing on behalf of the petitioner has filed a memo seeking permission of this Court to retire from this case. Along with memo, he has enclosed a copy of the letter dated 19.11.2025 addressed to the petitioner. In the letter, it is stated that inspite of repeated efforts made by learned counsel to contact the petitioner, petitioner had failed to respond and he was not receiving his phone calls. 2. Learned counsel Sri. Manjunatha Rao Bhounsle submits that the letter dated 19.11.2025 which was forwarded to the petitioner through speed post has returned with postal shara "refused". 3. Therefore, it is required to be held that notice issued by learned counsel Sri. Manjunatha Rao Bhounsle to the petitioner is deemed to have been served. Under the circumstances, I am of the opinion that the prayer made by learned counsel to permit him to retire from the case is required to be granted. Accordingly, the prayer made in the memo is allowed and - 3 - HC-KAR NC: 2025:KHC:52483 WP No. 18367 of 2021 learned counsel Sri. Manjunatha Rao Bhounsle is permitted to retire from the case. 4. Petitioner is called out in open Court. There is no representation on his behalf. Therefore, this Court has no other option but to dismiss the petition for non-prosecution. Accordingly, petition is dismissed for non-prosecution. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 5