- 1 - HC-KAR CNR: KAHC010534262019 NC: 2026:KHC:51390 WP No. 7346 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7346 OF 2020 (GM-CPC) BETWEEN: 1. SHAMA ACHARY BY LRS PRABHAKARA ACHARY S/O LATE SHAMA ACHARY AGED ABOUT 46 YEARS KALLARE HOUSE MODANTHYAR POST BELTHANGADY TALUK D K -574 224 2. SMT SAROJINI W/O LATE RAMESH ACHARY AGED ABOUT 59 YEARS RAKTHESHWARI PADAVU HOUE MODANTHYAR POST BELTHANGADY TALUK D K -574 224 3. SMT PRABHAVATHI W/O SUNDARA ACHARY AGED ABOUT 54 YEARS MUDAYUR HOUSE MODANTHYAR POST BELTHANGADY TALUK D K -574 224 4. SMT SHAKUNTHALA W/O DEVADAS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010534262019 NC: 2026:KHC:51390 WP No. 7346 of 2020 AGED ABOUT 44 YEARS KALLARE HOUSE MODANTHYAR POST BELTHANGADY TALUK D K -574 224 5. SMT INDIRA W/O GANESHA AGED ABOUT 43 YEARS KALLARE HOUSE MODANTHYAR POST BELTHANGADY TALUK D K -574 224 …PETITIONERS (BY SRI. M J ALVA., ADVOCATE) AND: 1. JANARDHANA ACHARY BY LRS SMT LATHA D/O LATE JANARDHANA ACHARY AGED ABOUT 50 YEARS KALLARI MACHINA VILLAGE AND POST BELTHANGADY TALUK D K -574 224 2. SMT CHAMPA D/O LATE JANARDHANA ACHARY AGED ABOUT 48 YEARS KALLARI MACHINA VILLAGE AND POST BELTHANGADY TALUK D K -574 224 3. KAMALAKSHA ACHARY S/O LATE JANARDHANA ACHARY AGED ABOUT 45 YEARS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010534262019 NC: 2026:KHC:51390 WP No. 7346 of 2020 KALLARI MACHINA VILLAGE AND POST BELTHANGADY TALUK D K -574 224 4. VASU ACHARY BY LRS SMT GIRIJA ACHARY W/O LATE VASU ACHARY AGED ABOUT 68 YEARS JEDI GUNDI, GONI BEEDU AGRAHARA LAXMIPURA MOODIGERE TALUK CHIKKAMAGALURU DIST. 5. SATHISH ACHARY S/O LATE VASU ACHARY AGED ABOUT 49 YEARS JEDI GUNDI GONI BEEDU AGRAHARA LAXMIPURA MOODIGERE TALUK CHIKKAMAGALURU DIST. - 577 101 6. SMT VISHALAKSHI D/O LATE VASU ACHARY AGED ABOUT 44 YEARS JEDI GUNDI GONI BEEDU AGRAHARA LAXMIPURA MOODIGERE TALUK CHIKKAMAGALURU DIST. - 577 101 7. HARINAKSHI D/O LATE VASU ACHARY AGED ABOUT 39 YEARS JEDI GUNDI, GONI BEEDU AGRAHARA LAXMIPURA MOODIGERE TALUK CHIKKAMAGALURU DIST. - 577 101 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010534262019 NC: 2026:KHC:51390 WP No. 7346 of 2020 8. PRABHAVATHI D/O LATE VASU ACHARY AGED ABOUT 34 YEARS JEDI GUNDI GONI BEEDU AGRAHARA LAXMIPURA MOODIGERE TALUK CHIKKAMAGALURU DIST. - 577 101 9. THIMMAIAH ACHARY BY LRS. SMT SHASHIKALA W/O LATE THIMMAIAH ACHARY AGED ABOUT 52 YEARS NO.139/3 VALMIKI STREET BELLARY ROAD BYATARAYANAPURA BENGALURU-560 092 10. ABHISHEK ACHARY S/O LATE THIMMAIAH ACHARY AGED ABOUT 19 YEARS NO.139/3, VALMIKI STREET BELLARY ROAD BYATARAYANAPURA BENGALURU-560 092 11. SANGEETHA D/O LATE THIMMAIAH ACHARY AGED ABOUT 16 YEARS BEING MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT SHASHIKALA NO.9 ABOVE NO.139/3 VALMIKI STREET BELLARY ROAD BYATARAYANAPURA BENGALURU-560 092 …RESPONDENTS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010534262019 NC: 2026:KHC:51390 WP No. 7346 of 2020 (BY SRI. D KRISHNA MOORTHY, ADVOCATE FOR R1 & R2 SRI. ABHINAV R., ADVOCATE FOR R3 & R4, R4 R7 & R8 ARE SERVED AND UNREPRESENTED R11 IS MINOR REP. BY R9 V/O DATED 17.06.2025 NOTICE TO R9 & R10) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDERS DATED 23.9.2019 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, BELTHANGADY ON IA NO.10 FILED BY THE PETITIONERS U/S 47 R/W SECTION 151 OF CPC IN FDP NO.2/2011 WHICH IS PRODUCED AT ANNEXURE-A. DISMISS THE FINAL DECREE PROCEEDINGS IN FDP NO.2/2011 BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, BELTHANGADY AS NOT MAINATAINABLE IN VIEW OF THE BAR U/S 132 AND 133 OF THE KARNATAKA LAND REFORMS ACT. GRANT COST OF THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned counsel for the petitioners has filed a memo dated 19.09.2026 seeking permission of this Court to withdraw the writ petition with liberty to urge all the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010534262019 NC: 2026:KHC:51390 WP No. 7346 of 2020 grounds before the First Appellate Court in the pending R.A.No.8/2024. 2. The said memo is taken on record. 3. In view of the above said memo, the writ petition is disposed of as withdrawn with liberty as prayed for. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified