- 1 - HC-KAR NC: 2026:KHC:15514 WP No. 8494 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8494 OF 2026 (GM-CPC) BETWEEN: 1. SRI. ILIYAZ PASHA S/O LATE SHEK MUSA, AGED ABOUT 60 YEARS. 2. JABBIN TAJ D/O LATE SHEK MUSA, AGED ABOUT 54 YEARS. 3. SHABANA D/O LATE SHEK MUSA, AGED ABOUT 52 YEARS. 4. NUSRATH D/O LATE SHEK MUSA, AGED ABOUT 48 YEARS. 5. TAJ PASHA S/O LATE SHEK MUSA, AGED ABOUT 46 YEARS, ALL ARE R/AT NO.27, 7TH CROSS, 1ST MAIN ROAD, VALMIKINAGAR, BENGALURU-560 024. …PETITIONERS (BY SRI. V. MANJUNATH PRASAD., ADVOCATE) AND: SRI. HASAIN PASHA S/O LATE SHAIK ADAM SAB, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15514 WP No. 8494 of 2026 AGED ABOUT 49 YEARS, R/AT NO.12/5, 10TH MAIN ROAD, 17TH CROSS, VALMIKINAGAR, BENGALURU-560 024. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO SET ASIDE THE ORDER PASSED IN I.A.NO.1/2026 IN O.S.NO. 1167/2026 BY REJECTING THE INTERIM APPLICATION FOR STAY TO PUT UP FURTHER CONSTRUCTION WITHOUT LIVING THE SET-BACK, ON THE FILE OF THE IX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-5), VIDE ORDER DATED 20.02.2026 IN I.A. FILED UNDER ORDER 39 RULE 1 AND 2 R/W 151 OF CPC AND THEREBY ALLOW THE PETITION BY ORDER IN TO RESTRAIN DEFENDANT FROM PUTTING UP CONSTRUCTIONS ON THE WESTERN SIDE OF THE PLAINTIFF PROPERTY WITHOUT LIVING THE SET BACK FOR FREE FLOW OF AIR AND LIGHTS VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER The learned counsel for the petitioners filed a memo seeking leave of this Court to withdraw this writ petition. 2. The memo is taken on record. 3. This writ petition is dismissed as withdrawn. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 137