- 1 - HC-KAR NC: 2026:KHC:14823 WP No. 17991 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17991 OF 2024 (GM-CPC) BETWEEN: SHRI. C. MAHESH KUMAR S/O LATE CHIKKAIAH AGED ABOUT 55 YEARS LIFE TRUSTEE FINANCIAL ADMINISTRATOR TADIKALA SUBBAIAH TRUST R/O AT NO.601, ‘H’ BLOCK BRIGADE GATEWAY WORLD TRADE CENTRE BENGALURU-560022. …PETITIONER (BY SRI. VIVEK SUBBAREDDY, SENIOR COUNSEL FOR SRI. RAVI SHANKAR K., ADVOCATE) AND: 1. TADIKALA SUBBAIAH TRUST (R) SUBBAIAH INSTITUTE OF MEDICAL SCIENCES DULY REGISTERED UNDER THE INDIAN TRUST ACT NEAR SUBBAIAH HOSPITAL COMPLEX JAIL ROAD, SHIVAMOGGA REP. BY MANAGING TRUSTEE SRI T SUBBARAMAIAH. 2. SHRI. T SUBBARAMAIAH S/O LATE T SUBBAIAH AGED ABOUT 75 YEARS MANAGING TRUSTEE 3. DR. S NAGEDRA S/O T SUBBARAMAIAH AGED ABOUT 48 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14823 WP No. 17991 of 2024 TRUSTEE. 4. DR. LATHA R TELANG D/O RAMACHANDRA TELANG AGED ABOUT 45 YEARS TRUSTEE. 5. DR. S SRINIVAS S/O T SUBBARAMAIAH AGED ABOUT 45 YEARS TRUSTEE. 6. DR. C M VINAYAKUMARI D/O MOHAN KUMAR AGED ABOUT 42 YEARS TRUSTEE. RESPONDENT NO. 2 TO 6 ARE R/AT 3RD CROSS GANDHINAGAR SHIVAMOGGA-577201. …RESPONDENTS (BY SRI. S B TOTAD., ADVOCATE FOR R1, R3 TO R6) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.110/2024 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC AT SHIVAMOGGA QUASH THE IMPUGNED ORDER PASSED ON I.A.NO.1 UNDER SEC.94 R/W SEC.151 OF CPC, DTD. 24.04.2024 IN O.S.110/2024 AT ANNEXURE-A ON THE FILE OF III ADDL, CIVIL JUDGE AND JMFC AT SHIVAMOGGA; CONSEQUENTLY ALLOW THE APPLICATION AND SUSPEND THE EFFECT OF IMPUGNED RESOLUTION DTD. 01.12.2014 AT ANNEXURE-CC AND INTERALIA DIRECT THE RESPONDENT DEFENDANT TO NOT TO RESTRICT OR RESTRAIN THE PLAINTIFF FROM PARTICIPATING IN THE AFFAIRS AND DUTIES OF THE 1ST DEFENDANT TRUST AND ITS INSTITUTIONS AT SHIMOGGA AND BANGALORE AS PER THE CONSTITUENTS OF THE REGISTERED SUPPLEMENTARY DEED DTD. 03.06.2014 AND DISCHARGING HIS DUTIES IN TERMS OF THE POSITION HE ENJOYED PRIOR - 3 - HC-KAR NC: 2026:KHC:14823 WP No. 17991 of 2024 TO THE IMPUGNED RESOLUTION AND PASS STATUS QUO ANTE TO THAT EFFECT. 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 1. Learned counsel for the petitioner has filed a memo dated 12.03.2026 seeking leave of this Court to withdraw the writ petition with liberty to file a fresh application before the Trial Court. 2. Memo is taken on record. 3. The writ petition is dismissed as withdrawn with liberty file fresh application, if law permits. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 2 Sl No.: 6