- 1 - HC-KAR NC: 2026:KHC:28532 WP No. 3817 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 3817 OF 2026 (GM-CPC) BETWEEN: SRI. NARASIMHAMURTHY S/O. LAKKANNA, AGED ABOUT 53 YEARS, R/AT GANIGARA BEEDI, KYATHSANDRA, TUMAKURU DISTRICT - 572 104, PRESENTLY R/AT 2ND CROSS, NEAR RATHNAPURI SCHOOL, RING ROAD, KYATHSANDRA, TUMAKURU - 572 104. …PETITIONER (BY SRI. RAMESH K.R., ADVOCATE) AND: 1. SMT. SIDDAMMA D/O. LAKKANNA, W/O. VENKATESH, AGED ABOUT 51 YEARS, R/AT OLD POST OFFICE ROAD, KYATHSANDRA, TUMAKURU-572 104. 2. SMT. RADHA M. D/O. LATE LAKSHMINARASAMMA, W/O. SANJEEVAIAH, AGED ABOUT 43 YEARS, R/AT BRAHMANARA BEEDI, Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:28532 WP No. 3817 of 2026 OLD POST OFFICE ROAD, KYATHSANDRA, TUMAKURU-572 104. 3. SMT. JAYAMMA, D/O. LAKKANNA, W/O. HANUMANTHAIAH, AGED ABOUT 61 YEARS, R/AT ADAGURU AT POST, GUBBI (RURAL), TUMAKURU-572 216. 4. SMT. PRAMILAMMA, D/O. LAKKANNA, W/O. PRAKASH, AGED ABOUT 59 YEARS, R/AT ADAGURU AT POST, GUBBI (RURAL), TUMAKURU-572 216. 5. SMT. YASHODAMMA, D/O. LAKKANNA, W/O. HANUMANTHARAYAPPA, AGED ABOUT 49 YEARS, R/AT CHIKKADODDAVADI, HIREDODDAVADI, TUMAKURU-572 129. 6. SMT. MANJULA, D/O. LAKKANNA, W/O. RAMANJANEYYA, AGED ABOUT 47 YEARS, R/AT DODDAHEJJAJI, DODDAHEJJAJI, BENGALURU-561 204. 7. SMT. NETHRA, D/O. KAMALAMMA, W/O. RAVI KUMAR, AGED ABOUT 33 YEARS, R/AT GALLIGEKERE POST, - 3 - HC-KAR NC: 2026:KHC:28532 WP No. 3817 of 2026 SHIVAPURA GRAMA PANCHAYATH, HAGALAVADI HOBLI, GUBBI TALUK, TUMAKURU-572 222. 8. SMT. PAVITHRA, D/O. KAMALAMMA, W/O. RAKESH, AGED ABOUT 31 YEARS, R/AT BASAVAPURA, JANATHA COLONY, SAMPIGE POST, DODDAINASHIVIRA HOBLI, TURUVEKERE TALUK, TUMAKURU-572 215. 9. SMT. CHAITRA D/O. KAMALAMMA, W/O. RAMESH, AGED ABOUT 29 YEARS, R/AT NO.337, VEERANDANAHALLI, GOWRIBIDANURU, CHIKKABALLAPURA-561 213. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 06.09.2025 PASSED BY THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT TUMAKURU IN M.A. NO. 11/2023 AT ANNEXURE-A, CONFIRMING THE ORDER DATED 10.02.2023 PASSED BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT TUMAKURU, ON I.A. NO. 2 IN O.S.NO.394/2022 AT ANNEXURE- F, AND THEREBY REJECT THE I.A. NO.2 IN O.S. NO. 394/2022 FILED U/O 39 RULE 1 AND 2 OF C.P.C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI - 4 - HC-KAR NC: 2026:KHC:28532 WP No. 3817 of 2026 ORAL ORDER Even though the matter is actually under Article 227 of the Constitution of India, the petition has been filed seeking the following reliefs: (a) Call for records if necessary; (b) Issue a writ of certiorari or any other writ or order or direction, quashing the impugned order dated 06.09.2025 passed by the learned II Additional District & Sessions Judge, at Tumakuru in M.A. No.11/2023 at Annexure-A, confirming the order dated 10.02.2023 passed by the learned III Additional Senior Civil Judge & JMFC, at Tumakuru, on I.A. No.2 in O.S.No.394/2022 at Annexure-F, and thereby reject the I.A. No.2 in O.S. No.394/2022 filed U/o 39 rule 1 and 2 of C.P.C. (c) Grant such other relief or reliefs as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity. 2. A memo has been filed today by Sri. K.N.Sunil, learned counsel appearing for the petitioner stating that the parties have settled the matter before the trial Court and hence the petition does not survive for consideration. The memo is accepted and this petition is dismissed as withdrawn. - 5 - HC-KAR NC: 2026:KHC:28532 WP No. 3817 of 2026 A copy of this order shall be communicated to the learned trial Court concerned within a fortnight by the Registry. Sd/- (JAYANT BANERJI) JUDGE KG List No.: 1 Sl No.: 9