- 1 - HC-KAR NC: 2025:KHC-K:3083 WP No. 200601 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200601 OF 2025 (GM-CPC) BETWEEN: KRISHNA S/O C. RAMESH, AGED ABOUT 34 YEARS, OCC: BUSINESS, R/O NEAR HEAD POST OFFICE, YAKYB MANIYAR CHAWL, OHAR GALLI, ASIF GUNJ, KALABURAGI – 585104. …PETITIONER (BY SRI. LIYAQAT FAREED USTAD, ADVOCATE) AND: 1. SUNIL S/O LATE ANNARAO PANDIT, AGED ABOUT 55 YEARS, OCC: BUSINESS 2. DEEPAK S/O LATE ANNARAO PANDIT, AGED ABOUT 55 YEARS, OCC: BUSINESS BOTH ARE R/O H.NO.1-9/28/G2, “BHAVANI” KHUBA PLOT, BEHIND ST. MERRY CHURCH, STATION WARD, KALABURAGI – 595103. …RESPONDENTS (BY SRI. SUDARSHAN M, ADVOCATE C/R1 AND R2) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3083 WP No. 200601 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT IN NATURE OF CERTIORARI AND A) QUASH / SET ASIDE THE COMMON ORDER DATED 19.02.2025 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT KALABURAGI IN E.P. NO.472/2020 WHEREIN THE TRIAL COURT ALLOWED THE I.A. NO.III FILED BY THE RESPONDENTS U/O XXI RULE 43 READ WITH 151 OF CPC AND REJECTED THE I.A. NO.V FILED BY THE PETITIONER UNDER SECTION 151 OF CPC VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Learned counsel for the petitioner has filed a memo dated 16.06.2025 with a prayer to withdraw the writ petition. 2. The memo is taken on record. 3. The writ petition is dismissed as withdrawn. It is needless to state that the petitioner is at liberty to pursue his remedy if any, before the Trial Court in accordance with law. Sd/- (M.I.ARUN) JUDGE SMP List No.: 1 Sl No.: 22 CT:SI