- 1 - HC-KAR NC: 2026:KHC:8980 WP No. 4590 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4590 OF 2026 (GM-CPC) BETWEEN: S. BASAVARAJU S/O LATE SANNASIDDEGOWDA, AGED ABOUT 72 YEARS, RETIRED DYSP, SALAVAMMANAHALLI, R/O SRE LAYOUT, VIDHYANAGAR, CHITRADURGA – 577 501. …PETITIONER (BY SRI. S. C. VIJAYA KUMAR, ADVOCATE) AND: MAHESHWARAPPA CHAKRASALI @ MAHESHWARAPPA C. S. S/O LATE NAGAPPA CHAKRASALI, AGED ABOUT 68 YEARS, SALAVAMMANAHALLI – 577 558. HIRIYUR TALUK, CHITRADURGA DISTRICT. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT IN O.S.NO.63/2025 ON THE FILE OF LEARNED ADDL. CIVIL JUDGE AND JMFC HIRIYUR, AS PER ANNEXURE - B BY ISSUING WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8980 WP No. 4590 of 2026 ORAL ORDER In this petition, petitioner seeks the following reliefs: a) Quash the proceedings initiated by the respondent in O.S.No.63/2025 on the file of learned Additional Civil Judge and JMFC Hiriyur, as per ANNEXURE - "B" by issuing writ of Certiorari. b) Grant such other relief as this Hon'ble court deems fit under the circumstances of the case in the interest of Justice. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with. 3. After arguing the matter for sometime, learned counsel for the petitioner submits petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to file an appropriate application seeking rejection of the plaint in the suit before the trial Court. 4. The aforesaid submission is placed on record. 5. Accordingly, the petition is disposed of as withdrawn reserving liberty in favour of the petitioner to file an appropriate - 3 - HC-KAR NC: 2026:KHC:8980 WP No. 4590 of 2026 application seeking rejection of the plaint in the suit before the trial Court, which shall provide an opportunity to the plaintiff to file objections and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 30