- 1 - HC-KAR CNR: KAHC010315832023 NC: 2026:KHC:44799 W.P. No.13112/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13112/2023 (GM-CPC) BETWEEN: SHRI. M. PRAKASH S/O LATE MUNISHAMIGOWDA AGED ABOUT 52 YEARS R/A THUNGANAGAR, HAROHALLI BENGALURU NORTH TALUK BENGALURU-560099. …PETITIONER (BY SRI. G. KRISHNA MURTHY, SR. ADV., FOR SRI. HARISHA M, ADV.,) AND: 1. SHRI. BATHALEGOWDA S/O LATE PATEL BATHALEGOWDA AGED ABOUT 73 YEARS R/A HARADI VILLAGE JANGAMAKOTE HOBALI SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562105. 2. SHRI. BALAJI S/O SHRI BATHALEGOWDA AGED ABOUT 39 YEARS R/A HARADI VILLAGE JANGAMAKOTE HOBALI SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562105. 3. SHRI. NARASIMHAMURTHY S/O SHRI BATHALEGOWDA Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010315832023 NC: 2026:KHC:44799 W.P. No.13112/2023 AGED ABOUT 33 YEARS R/A HARADI VILLAGE JANGAMAKOTE HOBALI SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562105. 4. SHRI. K. JAGADISH S/O Y. KRISHNAPPA AGED ABOUT 50 YEARS R/A NO.12/123, THINDLU MAIN ROAD VIDYARANYAPURA BENGALURU-560097. 5. M/S GREEN NATIONS BUILDERS AND DEVELOPERS A PARTNERSHIP COMPANY REP. BY ITS PARTNER SHRI SAAD SALMAN S/O SYED KHALEEM UR REHAMAN AGED ABOUT 35 YEARS R/A NO.13, 4TH CROSS HRBR LAYOUT, 2ND BLOCK KALYA NAGAR, BENGALURU -560043. 6. SHRI SYED NOOR RAIFULLA S/O SYED NOOR SHAIFULLA AGED ABOUT 48 YEARS R/A KATTIGENAHALLI VILLAGE BEHIND GOVT URDU SCHOOL JADEGENAHALLI HOBALI HOSAKOTE TALUK BENGALURU RURAL DISTRICT-562114. 7. SHRI HEMANTH KUMAR R S/O LATE RAMAKRISHNE GOWDA AGED ABOUT 38 YEARS R/A VENKATAPURA VILLAGE JANGAMAKOTE HOBALI SHIDLAGHATTA TALUK CHIKKABALLAUPRA DISTRICT-562105. - 3 - HC-KAR CNR: KAHC010315832023 NC: 2026:KHC:44799 W.P. No.13112/2023 8. SMT. SHOBHARANI W/O SHRI K C CHANDRA AGED ABOUT 30 YEARS R/A K G PURA JANGAMAKOTE HOBALI SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562105. 9. M/S VALIANT AMRUT INDIA INFRA LLP REGISTERED ADDRESS NO.20 SRK GARDEN, JAYANAGAR BENGALURU-560041 REPRESENTED BY ITS PARTNER SHRI SAAD SALMAN S/O SYED KHALEEM UR REHAMAN AGED ABOUT 35 YEARS R/A NO.13, 4TH CROSS HRBR LAYOUT, 2ND BLOCK KALYANANAGAR BENGALURU-560043. …RESPONDENTS (BY SRI. S.A. SUDHINDRA, ADV., FOR R1 TO R3 R6 & R7 ARE SERVED R4, R5, R8 & R9 SERVICE OF NOTICE IS D/W V/C/O DTD:08.11.2024 SRI. V. MUNIRAJ GOWDA, ADV., FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 15.6.2023 PASSED ON IA.NO.4 IN OS.NO.45/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT SHIDLAGHATTA, REJECT THE IA.NO.4, THE CERTIFIED COPY OF WHICH IS PRODUCED HEREIN AS PER ANNX-E & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010315832023 NC: 2026:KHC:44799 W.P. No.13112/2023 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking the following reliefs: “i. Issue a Writ in the nature of certiorari quashing the impugned order dated 15.06.2023 passed on I.A.No.4 in O.S.No.45/2020 on the file of the Senior Civil Judge and J.M.F.C at Shidlaghatta, reject the I.A.No.4, the Certified Copy of which is produced herein as per Annexure-E; ii. Any other appropriate Writ/Order or Direction as deemed fit and proper be directed.” 2. Heard Sri.G.Krishnamurth, learned senior counsel appearing on behalf of Sri.Harisha M., learned counsel for the petitioner and Sri.S.A.Sudhindra, learned counsel for the respondent Nos.1 to 3 and perused the material available on record. 3. Learned senior counsel appearing for the petitioner, after arguing the matter for quite some time, on instructions from the learned counsel on record for the petitioner, submits that the petitioner may be permitted to withdraw the application filed under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, - 5 - HC-KAR CNR: KAHC010315832023 NC: 2026:KHC:44799 W.P. No.13112/2023 1908, (for short, 'the CPC') filed before the trial Court, so that the petitioner can take appropriate steps in accordance with law including the filing of the suit for declaration. 4. Learned counsel for the respondent Nos.1 to 3 also submit that they have no objection to withdraw the said application. 5. However, it is noticed that the aforesaid application has already been dismissed by the trial Court, hence, the question of withdrawal of the application does not arise. Nevertheless, in view of the aforesaid submission, the writ petition is disposed of by granting liberty to the petitioner to pursue the appropriate legal remedy including the filing of a fresh suit. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR/List No.: 1 Sl No.: 11