- 1 - HC-KAR NC: 2026:KHC:7620 WP No. 25063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.25063 OF 2025 (GM-CPC) BETWEEN: 1. SMT. PALAMMA W/O LATE RANGAPPA, AGED ABOUT 68 YEARS. 2. SMT. KENCHAMMA, W/O LATE R. RAJAPPA, AGED ABOUT 53 YEARS. 3. SRI. MADHUSUDAN R. S/O LATE R.RAJAPPA, AGED ABOUT 29 YEARS. 4. SMT. PRIYANAKA, D/O LATE R. RAJAPPA, AGED ABOUT 25 YEARS. 5. SRI. BHARATH, S/O LATE R. RAJAPPA, AGED ABOUT 23 YEARS, PETITIONERS NO. 1 TO 5 ARE R/AT JAYANAGARA BADAVANE KRISHNARAJPET MANDYA DISTRICT. 6. SRI. R.NAGARAJ, S/O RANGAPPA AGED ABOUT39 YEARS. 7. SRI. R. SHIVANNA, S/O RANGAPPA, AGED ABOUT 34 YEARS, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7620 WP No. 25063 of 2025 PETITIONERS NO.6 & 7 ARE RESIDING AT, KAKKEHRAVU VILLAGE, ANNEHAL POST, CHITRADURGA TALUK. CHITHRADURGA DISTRICT. …PETITIONERS (BY SRI. LOURDU MARIYAPPA A., ADVOCATE FOR SRI. DEVARAJA S.N., ADVOCATE) AND: 1. SRI. J.S. HANUMANTHARAJ S/O LATE. J.SANJEEV MURTHY, AGED ABOUT 45 YEARS R/AT, 2ND MAIN, 2ND CROSS, KELAGOTE, MUNCIPAL COLONY, CHITRADURGA TALUK, CHITRADURGA DISTRICT. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 21/06/2025 PASSED IN MISC. PT. No.16/2017, ON THE FILE OF LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC AT CHITRADURGA AS ANNEXURE-F.; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:7620 WP No. 25063 of 2025 ORAL ORDER In this petition, petitioner seeks following reliefs: "a). Call for the records in O.S.No.600/2015, on the file of learned III Additional Civil Judge & JMFC at Chitradurga; b). Consequently set aside the impugned order dated 21.06.2025 passed in Mis. Pt. No.16/2017, on the file of Learned III Additional Civil Judge & JMFC at Chitradurga as Annexure-G; c). Consequently set aside the Execution operation of further proceedings against the petitioners Ex.No.66/2017 on the file of the III Additional Civil Judge & JMFC at Chitradurga as Annexure-D; d) Pass such other order or directions as this Hon'ble court deems fit to grant in the facts and circumstances of the case including awarding of costs, in the interest of justice and equity." 2. Heard learned counsel for the petitioners and perused the material on record. 3. After arguing the matter for some time, learned counsel for the petitioners submits that the petition may be disposed of as withdrawn, reserving liberty in favour of the - 4 - HC-KAR NC: 2026:KHC:7620 WP No. 25063 of 2025 petitioner to file an appeal before the appropriate jurisdictional Appellate Court. 4. Submission of learned counsel for the petitioner is placed on record. 5. Accordingly, petition is disposed of as withdrawn, reserving liberty in favour of the petitioners to file an appeal before the appropriate jurisdictional Appellate Court. 6. Registry is directed to return back all the papers to the learned counsel for the petitioner forthwith without any delay. 7. In the event the petitioner files such an appeal within a period of six weeks from today, the petitioners would be entitled to the benefit of Section 14 of the limitation Act. 8. Subject to the aforesaid directions and liberty reserved in favour of the petitioners, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MR