- 1 - HC-KAR NC: 2026:KHC:20796 W.P. No.14974/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.14974/2022 (GM-CPC) BETWEEN: SRI. HONGYAPPA S/O LATE KAVALAGARA NANJAPPA AGED ABOUT 52 YEARS R/AT HARIDASANAHALLI VILLAGE KASABA HOBLI TURUVEKERE TALUK TUMKUR DISTRICT-572 227. …PETITIONER (BY SRI. SRIKANTH N.V. ADV.,) AND: 1. RAMAKRISHNA S/O LATE LAKKANNA @ KARIYAPPA AGED ABOUT 52 YEARS. 2. YASHODAMMA W/O RAMAKRISHNA AGED ABOUT 36 YEARS. BOTH ARE R/AT HARIDASANAHALLI VILLAGE KASABA HOBLI TURUVEKERE TALUK TUMKUR DISTRICT-572 227. …RESPONDENTS (BY SRI. M.B. CHANDRACHOODA, ADV., FOR R1 & R2) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20796 W.P. No.14974/2022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 10.11.2021 PASSED BY THE CIVIL JUDGE AND JMFC, TURUVEKERE IN O.S.NO.17/2021 AND ORDER DTD 23.06.2022 PASSED BY SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE IN M.A.NO.08/2021 AS PER ANNEXUE-A AND B & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the petition, which reads as under: "The counsel appearing for the petitioner humbly submits that as per the instructions obtained by the petitioner seeking leave of this Hon'ble court to withdraw the above writ petition. Since petitioner herein filed an application under order 23 rule 1(3) R/w section 151 of CPC on 22.11.2025 to withdraw the suit in OS.No.17/2021 on the file of civil judge and JMFC, Turuvekere with liberty to file fresh suit on the same cause of action. The trial court by order dated: 09.03.2026 was pleased to allowed the said application subject to limitation on payment of cost of Rs.3,000/- to the 1st defendant in the suit. Copy of the order dated: 09.03.2026 is produced for kind perusal of this Hon'ble court. Hence the above writ petition has become infructuous. Hence the same may kindly be taken on record in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:20796 W.P. No.14974/2022 2. The memo is taken on record. 3. In view of the aforesaid memo, the writ petition is dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 29