- 1 - HC-KAR NC: 2026:KHC:32343 WP No. 16104 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 16104 OF 2023 (GM-CPC) BETWEEN: DR. M.C. SUNIL KUMAR S/O LATE B.M. CHAMANNA AGED ABOUT 51 YEARS R/AT NO. 356, 6TH CROSS, SIDDAGANGA CHOULTRY ROAD, MANJUNATHANAGARA BENGALURU - 560 010. …PETITIONER (BY SRI. C. SHANKAR REDDY, ADVOCATE) AND: 1. SRI. M.C. SURESH S/O LATE B.M. CHAMANNA AGED ABOUT 54 YEARS 2. SRI. V.R. CHOUDHARY FATHER NAME NOT KNOWN TO THE PALINTIFF AGED ABOUT 43 YEARS 3. SRI. SRINIVAS FATHER NAME NOT KNOWN TO THE PALINTIFF AGED ABOUT 52 YEARS 4. SRI. HANNAMALLAIAH FATHER NAME NOT KNOWN TO THE PALINTIFF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32343 WP No. 16104 of 2023 AGED ABOUT 55 YEARS 5. SRI. MANJUNATHA FATHER NAME NOT KNOWN TO THE PALINTIFF ALL ARE R/AT NO 968/47, 2ND MAIN, M.C. LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. …RESPONDENTS (BY SRI. C.M. NAGABUSHANA, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 13/07/2023 MADE ON I.A.NO. 10/2023 FILED UNDER ORDER XXIII RULE 1(3) R/W SEC 151 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO. 4789/2012 ON THE FILE OF THE HONOURABLE COURT OF THE VII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-19) THE ANNEXURE-P TO THE WP AND ALLOW THE SAID APPLICATION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:32343 WP No. 16104 of 2023 ORAL ORDER Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the writ petition. 2. The memo reads as under:- "The petitioner submits that the above petition filed challenging the order of rejecting the IA 10 under 0.23 R1(3) r/w S151 CPC in OS 4789/2012 to withdraw the suit seeking liberty to file a fresh suit after the outcome of the MFA No.3571/2022 pending arising out of OS 7047/2010 or after final outcome of OS No.6022/2022. However, the said IA came to be rejected and as a result the present petition came to be filed. In view of long litigation pending for the number years the petitioner is finding it difficult to proceed with the matter and has decided to resolve all the matters as soon as possible in the pending original suit. As such, filing memo to withdraw above petition as not pressed. This Hon'ble Court be pleased to transfer the suit in OS No.4789/2012 filed by the Plaintiff/petitioner against the defendants/respondents which is pending before the VII Additional City Civil and Sessions Judge at Bengaluru (CCH-19) and reassign the same before Hon'ble Prl. City Civil and Sessions Judge (CCH-1), Bengaluru where OS 6022/2022 is pending. Hence, the petitioner above named prays that this Hon'ble Court may be pleased to permit him to withdraw the above petition as not pressed and transfer OS 4789/2012 (CCH-19) top the Hon'ble Prl. City Civil and Sessions Judge at Bengaluru to be clubbed with and pass such other necessary orders in the interest of justice. - 4 - HC-KAR NC: 2026:KHC:32343 WP No. 16104 of 2023 Prays for orders accordingly". 3. In view of the aforesaid memo, the writ petition is dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE VS List No.: 1 Sl No.: 17