- 1 - HC-KAR NC: 2026:KHC:10821 WP No. 5585 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.5585 OF 2026 (GM-CPC) BETWEEN: 1. SMT. SUNEETHA SHARMA D/O. LATE SANTHOSH SHARMA, AGED ABOUT 44 YEARS, R/AT. NO.166, 15TH CROSS, MALAGALA VILLAGE, NAGARABHAVI 2ND STAGE, BANGALORE - 560 072. …PETITIONER (BY SRI. GANAPATHI BHAT, ADVOCATE) AND: 1. SRI H.N. RAJESH S/O. MR. H.G. NARAYANA SWAMY, AGED ABOUT 68 YEARS, R/AT. NO.28, 6TH 'A' CROSS, AMARAJYOTHI NAGAR, BANGALORE - 560040. 2. SRI. SANTHOSH KUMAR SHARMA S/O. MR. JAGAN RAM SHARMA, AGED ABOUT 66 YEARS, R/AT. NO.G-11, GOLDEN ARCHID, F.G. BLOCK, NEXT TO PRAGIL HOTEL, LAVELLA ROAD, BANGALORE - 560 001. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10821 WP No. 5585 of 2026 3. SRI. GANESH SHARMA S/O. LATE SANTHOSH KUMAR SHARMA, AGED ABOUT 28 YEARS, R/AT NO.G-11, GOLDEN ARCHID, F.G. BLOCK, NEXT TO PRAGIL HOTEL, LAVELLA ROAD, BANGALORE - 560 001. 4. SRI. SUNIL KUMAR S/O. MR. SANTHOSH KUMAR SHARMA, AGED ABOUT 23 YEARS, R/AT NO.G-11, GOLDEN ARCHID, F.G. BLOCK, NEXT TO PRAGIL HOTEL, LAVELLA ROAD, BANGALORE - 560 001. 5. SMT. SHOBHA SHARMA W/O. LATE SUNIL JAIN, AGED ABOUT 48 YEARS, R/AT NO.G-11, GOLDEN ARCHID, F.G. BLOCK, NEXT TO PRAGIL HOTEL, LAVELLA ROAD, BANGALORE - 560 001. 6. SRI AKASH BABU S/O. LATE SUNIL JAIN AGED ABOUT 26 YEARS, R/AT NO.G-11, GOLDEN ARCHID, F.G. BLOCK, NEXT TO PRAGIL HOTEL, LAVELLA ROAD, BANGALORE - 560 001. 7. SMT. PREETHI JAIN @ PREETHI SHARMA D/O. LATE SUNIL JAIN, AGED ABOUT 24 YEARS, R/AT NO.G-11, GOLDEN ARCHID, F.G. BLOCK, NEXT TO PRAGIL HOTEL, LAVELLA ROAD, BANGALORE - 560 001. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:10821 WP No. 5585 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER ON I.A. NO.VI DATED 29.07.2025 IN O.S.NO.5984/2011 PASSED BY THE 23RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE, AS PER ANNEXURE-K, BY ALLOWING THE APPLICATION AND ACCEPTING THE COUNTER CLAIM ON RECORD IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER 1. In this petition, the petitioner seeks for the following reliefs:
"Issue a Writ of Certiorari or any appropriate order or direction by quash the impugned Order on I.A.No.VI dated 29.07.2025 in O.S. NO.5984/2011 passed by the 23rd Additional City Civil & Sessions Judge at Bangalore, as per Annexure-K, by allowing the application and accepting the counter claim or record in the interest of justice and equity.
Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above Writ Petition, in the interest of justice and equity." 2. After arguing the matter for sometime, learned counsel for the petitioner has filed a memo seeking withdrawal of the petition, - 4 - HC-KAR NC: 2026:KHC:10821 WP No. 5585 of 2026 with liberty to take recourse to such remedies as available in law, including filing of a fresh suit. 3. Memo is placed on record. 4. The petition is disposed of as withdrawn, reserving liberty in favour of the petitioner to take recourse to such remedies as available in law, including the filing of a fresh suit, subject to all just exceptions and limitation. Sd/- (S.R.KRISHNA KUMAR) JUDGE VMB List No.: 1 Sl No.: 12