- 1 - HC-KAR CNR: KAHC010578452026 NC: 2026:KHC:46375 WP No. 26370 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 26370 OF 2026 (GM-CPC) BETWEEN: 1. SMT. RESHMA TAJ @ RESHMA BHANU, D/O. H.R. RAHMATHULLA, W/O. M.D. RAFIQ (M.D. RAFIQ) AGED ABOUT 48 YEARS, R/AT DOOR NO.17, GANDHI NAGAR, HINDUPUR (POST), SATYA SAI DISTRICT - 515 201 2. SRI. AYUB KHAN, S/O. H.R. RAHMATHULLA, AGED ABOUT 46 YEARS, R/AT. DOOR NO. 369, 2ND FLOOR, 6TH CROSS, BIELWARDA HALLI, S.K. GARDEN, BENGALURU - 560 083 …PETITIONERS (BY SRI. INDRADHANUSH CHAVAN, ADVOCATE) AND: 1. SRI. H.R. RAHMATH ULLA, S/O RAHIM KHAN, AGED ABOUT 74 YEARS, R/AT. DOOR NO.369, 2ND FLOOR, 6TH CROSS, BIELWARDA HALLI, S.K. GARDEN, BENGALURU - 560 083 Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010578452026 NC: 2026:KHC:46375 WP No. 26370 of 2026 2. SRI. MUJEEB KHAN, S/O H.R. RAHMATH ULLA, AGED ABOUT 42 YEARS, 3. SMT. MOHSINAKANAAM, W/O. MUJEEB KHAN, AGED ABOUT 41 YEARS, 4. MINOR. MUSKAN PATHAN, D/O MUJEEB KHAN, AGED ABOUT 18 YEARS, 5. MINOR. AFIYA PATHAN, D/O. MUJEEB KHAN, AGED ABOUT 15 YEARS, 6. MINOR. AMIR PATHAN, S/O. MUJEEB KHAN, AGED ABOUT 10 YEARS, RESPONDENTS NO.4 TO 6 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIANS RESPONDENTS NO.2 AND 3 RESPONDENTS NO.2 TO 6 ARE R/AT.DOOR NO. 14, 2ND FLOOR, 3RD CROSS, PIYARADAYS COLONY, J.P. NAGAR, 24TH MAIN ROAD, BENGALURU - 560 078 7. SRI. ESMAIL ZABI ULLA, S/O. IMTIAZ, AGED ABOUT 37 YEARS, R/AT. MANCHENAHALLI VILLAGE, - 3 - HC-KAR CNR: KAHC010578452026 NC: 2026:KHC:46375 WP No. 26370 of 2026 MANCHENAHALLI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 211 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ALLOW THE ABOVE WRIT PETITION B) ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER AT ANNEXURE 'A' DATED 30.07.2026 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, GAURIBIDANUR IN O.S. NO. 504/2024 ON I.A. NO.5 FILED UNDER ORDER VII RULE 11 (A) AND (D) OF CPC.C) AWARD ANY OTHER COSTS AND RELIEFS AS THIS HON'BLE COURT MAY DEEMS FIT IN THE ABOVE PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, 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 seeking leave of the Court to withdraw the writ petition. 2. The memo reads as under: "The undersigned counsel for the petitioners humbly prays to withdraw the above petition with a liberty to file Regular Appeal before appropriate Court and the time spent before this Hon'ble Court may be exempted from computing the limitation period in filing appeal." - 4 - HC-KAR CNR: KAHC010578452026 NC: 2026:KHC:46375 WP No. 26370 of 2026 3. In view of the aforesaid memo, the writ petition is dismissed as withdrawn. 4. It is needless to observe that the benefit under Section 14 of the Limitation Act, 1963, would be available to the petitioners, if an appeal is filed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SMC List No.: 1 Sl No.: 73