- 1 - HC-KAR NC: 2026:KHC:29559 W.P. No.29318/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.29318/2023 (GM-CPC) BETWEEN: 1. SMT. BHAGYAMMA W/O RAJANNA D/O CHINNAGIRIAIAH AGED ABOUT 57 YEARS R/AT MAVANAHALLI, MAVANAHALLI POST C S PURA HOBLI,,GUBBI TALUK TUMAKURU DISTRICT-572216. 2. SRI. VENKATESHAIAH S/O LATE CHINNAGIRIAIAH AGED ABOUT 64 YEARS R/AT BORANAPALYA VILLAGE KALLANAHALLI POST C S PURA HOBLI, GUBBI TALUK TUMAKURU DISTRICT-572216. …PETITIONERS (BY SRI. K.R. RAMESH, ADV.,) AND: 1. GANGABOREGOWDA S/O LATE KEMPAIAH AGED ABOUT 58 YEARS R/O YELADAHALLI NAGAVALLY POST HEBBUR HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572120. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29559 W.P. No.29318/2023 2. SMT. BORAMMA D/O CHIKKAMMA AGED MAJOR. 3. SRI. B. GANGADHARAIAH S/O BORALINGAIAH AGED MAJOR. RESPONDENT NOS.2 & 3 ARE R/O LAKKENAHALLY VILLAGE HEBBUR HOBLI, NAGAVALLY POST TUMAKURU TALUK-572120. 4. SMT. GANGAMMA W/O VENKATAPPA AGED MAJOR. 5. SRI. L.V. NARASIMHAMURTHY S/O VENKATAPPA AGED MAJOR. RESPONDENT NOS.4 & 5 ARE R/O. LAKKENAHALLY VILLAGE HEBBUR HOBLI, NAGAVALLY POST TUMAKURU TALUK-572120. …RESPONDENTS (BY SRI. JAGADISH D. HIREMATH, ADV., FOR R1 TO R3 R5 L.V. NARASIMHAMURTHY – SD AND UNREPRESENTED VIDE ORDER DTD:16.12.2024, R4 – GANGAMMA SERVICE H/S) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS, IF NECESSARY. QUASHING THE IMPUGNED ORDER DTD 23.11.2023 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, TUMAKURU ON IAS NO.2 IS FILED BY THE PETITIONERS UNDER ORDER 1 RULE 10 OF CPC IN F.D.P NO.19/17 AT ANNEXURE-J & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:29559 W.P. No.29318/2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioners seeks leave of the Court to withdraw the writ petition with liberty to initiate fresh proceedings seeking partition and a declaration that the judgment passed in OS.No.732/2001 is not binding on them. In view of the above prayer, the writ petition is disposed of with liberty as sought. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 18