- 1 - HC-KAR NC: 2026:KHC:33770 WP No. 16747 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16747 OF 2026 (GM-CPC) BETWEEN: 1. SRI BASAVARAJ D K AGED ABOUT 50 YEARS, S/O. SRI. DATTATREYA, RESIDENT OF THE PREMISES BEARING NO.22, 14TH CROSS, B.T.M. 2ND STAGE, MAHAESHWARA LAYOUT, BENGALURU - 560 076. ALSO AVAILABLE AT NO.31, 5TH MAIN, VENKATESHWARA LAYOUT, J.P. NAGAR 8TH PHASE, NEAR B.K. CIRCLE, BENGALURU - 560 076. …PETITIONER (BY SRI. AJAY KADKOL T., ADVOCATE) AND: 1. SRI. DATTATREYA AGED ABOUT 76 YEARS, S/O. LATE BASAPPA, NO.744, BEL COLONY, JALAHALLI, BANGALORE - 560 013 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33770 WP No. 16747 of 2026 2. SMT. TRIVENI, AGED ABOUT 44 YEARS, W/O. NAGARAJ M., D/O. SRI. DATTATREYA, NO.744, BEL COLONY, JALAHALLI, BANGALORE - 560 013 3. KUM. M. MANYATHA, D/O. D.K. TRIVENI, AGED ABOUT 12 YEARS NO.744, BEL COLONY, JALAHALLI, BANGALORE - 560 013 SINCE MINOR, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, SRI M NAGARAJ …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTTTUTION OF INDIA PRAYING TOA. TO REVERSE AND SET ASIDE THE ORDERS DATED 03.01.2026 PASSED IN O.S. NO. 6272 OF 2021 BY THE XI ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON I.A. NO. 1 AND 6 FILED BY THE PETITIONER HEREIN UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908, BY WHICH THE TRIAL JUDGE HAS DISMISSED THE APPLICATIONS FILED BY THE PETITIONER HEREIN SEEKING THE RELIEF OF TEMPORARY PROHIBITORY INJUNCTION RESTRAINING THE RESPONDENTS HEREIN, THEIR AGENTS OR ANY OTHER PERSONS ACTING ON THEIR BEHALF FROM INTERFERING WITH THE PEACEFUL POSSESSION AND - 3 - HC-KAR NC: 2026:KHC:33770 WP No. 16747 of 2026 ENJOYMENT OF THE PETITIONER HEREIN IN THE SUIT SCHEDULE PROPERTIES AND TO MAINTAIN STATUS QUO WITH RESPECT TO SUIT SCHEDULE PROPERTIES UNTIL THE FINAL DISPOSAL OF THE SUIT AND TEMPORARY PROHIBITORY INJUNCTION RESTRAINING THE RESPONDENTS HEREIN OR ANYBODY CLAIMING THROUGH THEM FROM ALIENATING OR CREATING THIRD PARTY RIGHTS IN RESPECT OF THE SUIT SCHEDULE -D PROPERTY, PENDING DISPOSAL OF THE SUIT BEFORE THE TRIAL COURT, WHICH IS PRODUCED AT ANNEXURE - A AND A-1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER A memo is filed stating that the order impugned is appealable by way of a Miscellaneous First Appeal (MFA). However, instead of filing the said appeal, the petitioner has instituted the present writ petition. Therefore, the petitioner seeks permission to withdraw the writ petition with liberty to avail the appropriate statutory remedy available in law. 2. The memo is taken on record. - 4 - HC-KAR NC: 2026:KHC:33770 WP No. 16747 of 2026 3. Accordingly, the writ petition is dismissed as withdrawn, with liberty to the petitioner to file an appropriate application within two weeks from the date of receipt of copy of this order. 4. The Registry is directed to return all the documents by keeping xerox copies of the same. 5. Pending IAs, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 4