- 1 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 19521 OF 2021 (GM-CPC) C/W WRIT PETITION NO. 19457 OF 2021 (GM-CPC) WRIT PETITION NO. 19460 OF 2021 (GM-CPC) WRIT PETITION NO. 19508 OF 2021 (GM-CPC) WRIT PETITION NO. 19523 OF 2021 (GM-CPC) WRIT PETITION NO. 19568 OF 2021 (GM-CPC) IN WP No. 19521/2021 BETWEEN: 1. SRI. B. KRISHNAPPA S/O LATE DODDA BYATAPPA AGED ABOUT 60 YEARS 2. SRI. M.B. VENKATASWAMY S/O LATE DODDA BYATAPPA AGED ABOUT 58 YEARS BOTH RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. …PETITIONERS (BY SRI. S. VISWESWARAIAH, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS AND: SRI. ADINARAYANASWAMY S/O LATE M.P. VENKATASWAMY AGED ABOUT 70 YEARS RESIDING AT AGRAHARA STREET MALUR TOWN, KOLAR DIST. - 563 130. …RESPONDENT (RESPONDENT - SERVED) THIS WP IS FILED UNDER ARTICLES 227 OF THE CNSTITUTION OF INDIA PRAYING TO SETTING ASIDE ORDER PASSED BY THE HONBLE SENIOR CIVIL JUDGE,MALUR PASSED IN O.S.NO.57/2018(OLD.NO.403/2010),DATED 17.09.2021 PASSED ON IA NO.III PRODUCED AT ANNEXURE-A BY ALLOWING THE WRIT PETITION AND CONSEQUENTLY ALLOW IA NO.III FILED BY THE PETITIONERS AND ETC., IN WP NO. 19457/2021 BETWEEN: 1. SRI. B. KRISHNAPPA S/O LATE DODDA BYATAPPA AGED ABOUT 59 YEARS 2. SRI. M.B. VENKATASWAMY S/O LATE DODDA BYATAPPA AGED ABOUT 58 YEARS BOTH RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...PETITIONERS (BY SRI. S. VISWESWARAIAH, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS AND: SRI. VENKATACHALAPATHI S/O LATE M.P. VENKATASWAMY AGED ABOUT 77 YEARS RESIDING AT AGRAHARA STREET MALUR TOWN, KOLAR DIST. - 563 130. ...RESPONDENT (VIDE ORDER DATED 22.11.2024, NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH/SET ASIDE THE ORDER PASSED BY THE HONBLE SENIOR CIVIL JUDGE, MALUR, PASSED IN O.S.NO.58/2018 (OLD NO.401/2010), DATED 17.09.2021 PASSED ON I.A.NO.V PRODUCED AT ANNEXURE-A BY ALLOWING THE WRIT PETITION AND CONSEQUENTLY ALLOW I.A.NO.V FILED BY THE PETITIONERS AND ETC., IN WP NO. 19460/2021 BETWEEN: 1. SRI. B. KRISHNAPPA S/O LATE DODDA BYATAPPA ALIAS BYATAPPA AGED ABOUT 60 YEARS 2. SRI. M.B. VENKATASWAMY S/O LATE DODDA BYATAPPA AGED ABOUT 58 YEARS BOTH RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...PETITIONERS (BY SRI. S. VISWESWARAIAH, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS AND: 1. SMT. LAKSHMAMMA W/O LT S VENKATASWAMY AGED ABOUT 63 YEARS 2. SMT. SAROJAMMA D/O LATE S. VENKATASWAMY AGED ABOUT 47 YEARS 3. SRI. SANJEEVAPPA V S/O LATE S. VENKATASWAMY AGED ABOUT 44 YEARS 4. SMT. PRAMILA V D/O LATE S. VENKATSWAMY AGED ABOUT 38 YEARS ALL ARE RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...RESPONDENTS (R1 TO R5 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET-ASIDE THE ORDER PASSED BY THE HONBLE SENIOR CIVIL JUDGE, MALUR, PASSED IN O.S.NO.60/2018 (OLD NO.404/2010), DTD 17.09.2021 PASSED ON IA NO.IV VIDE ANNX-A BY ALLOWING THE WRIT PETITION AND CONSEQUENTLY ALLOW IA NO.IV FILED BY THE PETITIONERS AND ETC., - 5 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS IN WP NO. 19508/2021 BETWEEN: 1. SRI. B. KRISHNAPPA S/O LATE DODDA BYATAPPA ALIAS BYATAPPA AGED ABOUT 60 YEARS 2. SRI. M.B. VENKATASWAMY S/O LATE DODDA BYATAPPA AGED ABOUT 58 YEARS BOTH RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...PETITIONERS (BY SRI. S. VISWESWARAIAH, ADVOCATE) AND: 1. SMT. VENKATAMMA W/O LATE CHIKKAVEERPPA AGED ABOUT 80 YEARS 2. SRI. C. ANAND S/O LATE CHIKKAVEERAPPA AGED ABOUT 54 YEARS 3. SRI. C. ASHOK BABU S/O LATE CHIKKAVEERAPPA AGED ABOUT 52 YEARS 4. SMT. SHARADAMMA D/O LATE CHIKKAVEERAPPA AGED ABOUT 52 EYARS 5. SMT. MANJULA - 6 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS D/O LATE CHIKKAVEERAPPA AGED ABOUT 43 YEARS 6. SRI. C. GOPAL S/O LATE CHIKKAVEERAPPA AGED ABOUT 52 YEARS ALL ARE RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...RESPONDENTS (R1 TO R6 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER PASSED BY THE HONBLE SENIOR CIVIL JUDGE, MALUR, PASSED IN O.S. NO.62/2018 (OLD NO.402/2010) DTD. 17.09.2021 PASSED ON I.A. NO.III PRODUCED AT ANNX-A BY ALLOWING THE WRIT PETITIONER AND CONSEQUENTLY ALLOW I.A. NO.III FILED BY THE PETITIONERS AND ETC., IN WP NO. 19523/2021 BETWEEN: 1. SRI. B. KRISHNAPPA S/O LATE DODDA BYATAPPA AGED ABOUT 59 YEARS 2. SRI. M.B. VENKATASWAMY S/O LATE DODDA BYATAPPA AGED ABOUT 58 YEARS BOTH RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...PETITIONERS (BY SRI. S. VISWESWARAIAH, ADVOCATE) - 7 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS AND: 1. SMT. LAKSHMIDEVI W/O LATE VENKATESH AGED ABOUT 52 YEARS 2. SRI. SHIVASHANKAR S/O LATE B. VENKATESH AGED ABOUT 33 YEARS BOTH ARE RESIDING AT AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...RESPONDENTS (R1 AND R2 SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER PASSED BY THE HONBLE SENIOR CIVIL JUDGE MALUR PASSED IN O.S.NO.59/2018 (OLD NO.405/2010) DTD.17.9.2021 PASSED ON IA NO.III PRODUCED AT ANNEUXRE-A BY ALLOWING THE W.P. AND CONSEQUENTLY ALLOW IA NO.III FILED BY THE PETITIONERS AND ETC., IN WP NO. 19568/2021 BETWEEN: 1. SRI. B. KRISHNAPPA S/O LATE DODDA BYATAPPA AGED ABOUT 64 YEARS 2. SRI. M.B. VENKATASWAMY S/O LATE DODDA BYATAPPA AGED ABOUT 63 YEARS BOTH RESIDING AT - 8 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS AGRAHARA STREET, MALUR TOWN KOLAR DISTRICT - 563 130. ...PETITIONERS (BY SRI. S. VISWESWARAIAH, ADVOCATE) AND: SRI. KRISHNAPPA S/O LATE M.P. VENKATASWAMY SINCE DECEASED BY HIS LR'S 1(A). SMT. SUMITHRAMMA W/O LATE KRISHNAPPA AGED ABOUT 66 YEARS 1(B). SMT. SAROJA D/O LATE KRISHNAPPA AGED ABOUT 51 YEARS 1(A) AND (B) ARE BOTH R/AT KUMBARPET LAYOUT, MALUR TOWN, KOLAR DISTRICT - 563 130. 1(C). SRI. MANJUNATH S/O LATE KRISHNAPPA AGED ABOUT 49 YEARS 1(D). SRI. KAMALAPATHI S/O LATE KRISHNAPPA AGED ABOUT 47 YEARS 1(C) AND 1 (D) ARE BOTH R/AT AGRAHARA STREET, MALUR TOWN, - 9 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS KOLAR DISTRICT - 563 130. ...RESPONDENTS (NOTICE TO R1(B AND D) IS HELD SUFFICIENT, VIDE ORDER DATED 27.10.2025; R1(A) AND R1(C) ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER PASSED BY THE HONBLE SENIOR CIVIL JUDGE, MALUR, PASSED IN O.S.NO.56/2018 (OLD NO.406/2010), DTD 17.09.2021 PASSED ON IA NO.III VIDE ANNX-A BY ALLOWING THE WRIT PETITION AND CONSEQUENTLY ALLOW IA NO.III FILED BY THE PETITIONERS AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioners has filed a memo dated 09.07.2026 seeking leave of the Court to withdraw the writ petitions. 2. Memo reads as under: "The Petitioners above named seek leave of this Hon'ble Court to withdraw the above petitions as not pressed with a liberty to file a fresh petition before the Hon'ble Prl. District and Sessions Judge, Kolar seeking for withdrawal of suits in OS.No.401/2010, 402/2010 403/2010, 404/2010, - 10 - HC-KAR NC: 2026:KHC:35214 WP No. 19521 of 2021 C/W WP No. 19457 of 2021 WP No. 19460 of 2021 AND 3 OTHERS 405/2010, and 406/2010 to club and try along with OS.No.374/2011 (Old No.152/2008), in the interest of justice and equity. Hence this Memo." 3. Memo is placed on record. 4. In view of the aforesaid memo, writ petitions are dismissed as withdrawn with the liberty as sought for. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PNV List No.: 2 Sl No.: 2