- 1 - HC-KAR CNR: KAHC010498982025 NC: 2026:KHC:45453 WP No. 22878 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.22878 OF 2025 (GM-CPC) BETWEEN: 1. MRS PREETHA W/O MR. VINOD VARGHESE, AGED ABOUT 51 YEARS 2. MS. VALSALYA VINOD, D/O MR. VINOD VARGHESE, AGED ABOUT 22 YEARS, 3. MR. JOSHUA VINOD, S/O MR. VINOD VARGHESE, AGED ABOUT 20 YEARS, ALL ARE R/AT NO.5, 8TH MAIN, FIRST CROSS, (OLD GARDEN STREET EXTENSION), HOYSALA NAGAR, (KOWDENAHALLI) BEHIND CVSR HOMES, OFF: T.C. PALYA MAIN ROAD, RAMMURTHY NAGAR, BENGALURU - 560 016. …PETITIONERS (BY SRI. SWAMY N.B.N., ADVOCATE) AND: 1. MR. JAMES ROY JOHN S/O LATE C.K. JOHN, AGED ABOUT 59 YEARS, RESIDING AT NO.31/9, LOYOLA LAYOUT, Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010498982025 NC: 2026:KHC:45453 WP No. 22878 of 2025 VICTORIA ROAD, BANGALORE-560 016. MR. N.C. VARGHESE S/O SHRI CHERIAN (SINCE DEAD BY HIS LR’s.) 2. MR. VINOD VARGHESE, S/O LATE N.C. VARGHESE, AGED ABOUT 53 YEARS, RESIDING AT NO.5, 8TH MAIN, FIRST CROSS, (OLD GARDEN STREET EXTENSION), HOYSALA NAGAR, (KOWDENAHALLI) BEHIND CVSR HOMES, OFF: T.C. PALYA MAIN ROAD, RAMMURTHY NAGAR, BENGALURU - 560 016 …RESPONDENTS (BY SRI. ANKITH S. REDDY, ADVOCATE FOR R-1; V/O DATED 06.03.2026 NOTICE TO R-2 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT OR ORDER IN THE NATURE OF WRIT SETTING ASIDE THE ORDER PASSED ON 04.04.2025 IN EX.NO.25307/2019 (ANNEXURE-H) ON THE FILE OF THE LXXIII ADDL. CIVIL & SESSIONS JUDGE, MAYO HALL UNIT, BANGALORE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR CNR: KAHC010498982025 NC: 2026:KHC:45453 WP No. 22878 of 2025 ORAL ORDER 1. After arguing the matter for sometime, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw the present petition, with liberty to approach the appropriate forum in accordance with law. A memo to the said effect has been filed, which reads as under: “The petitioner prays this Hon’ble Court be pleased to permit them to withdraw the writ petition and file an appeal against the impugned order as appeal is maintainable and not writ petition in the interest of justice.” 2. The writ petition is dismissed as withdrawn with liberty as prayed for, if so advised, in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 22