- 1 - HC-KAR CNR: KAHC010033932026 NC: 2026:KHC:52033 WP No. 1895 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1895 OF 2026 (GM-CPC) BETWEEN: 1. DESHIYA VIDYASHALA SAMITHI R HAVING ITS REGISTERED OFFICE WITH THE ADMINISTRATIVE BLOCK DVS COMPLEX, P B NO.98 SIR M V ROAD, SHIVAMOGGA CITY REPRESENTED BY ITS SECRETARY SRI R RAJASHEKAR S/O SIDDAIAH AGED ABOUT 48 YEARS, SHIVAMOGGA - 577201 MYSORE SOCIETY REGISTRATION ACT 1904 …PETITIONER (BY SRI. S. V. PRAKASH, ADVOCATE) AND: 1. SAHYADRI EDUCATION TRUST R SHIVAMOGGA REPRESENTED BY ITS TRUSTEE AND SECRETARY K H SRINIVAS S/O K K HARIYAPPA AGED ABOUT 83 YEARS C/O HARYAPPAS HOSPITAL CHAMARAJAPET SAGAR TOWN - 577401 SHIVAMOGGA DISTRICT Digitally Signed By: SURAJ GOVINDA RAJ 23/09/2026, 19:16, Bengaluru Verified - 2 - HC-KAR CNR: KAHC010033932026 NC: 2026:KHC:52033 WP No. 1895 of 2026 AND ALSO AT MALNAD DEVELOPMENT FOUNDATION TARAPUR CAMPUS, JOG ROAD, SAGAR TOWN - 577401 SHIVAMOGGA DISTRICT SINCE THESECRETARY K H SREENIVAS EXPIRED ON 30.08.2024 SAHARA EDUCATION TRUST (R) SHIVAMOGGA, REPRESENTED BY ITS TRUSTEES A. KAGODU TIMMAPPA, S/O LATE BEERA NAIKA AGED ABOUT 93 YEARS, R/O JOSEPH NAGAR SAGARA TOWN - 577201 SHIVAMOGGA DISTRICT B. D G BENAKAPPA S/O LATE D G NANJAPPA, AGED ABOUT 76 YEARS, R/O GANDHI NAGAR MAIN ROAD, SHIVAMOGGA CITY - 577201 …RESPONDENTS (BY SRI K N MAHABALESHWARA RAO, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED THE ORDER DATED 15.12.2025 PASSED BY THE COURT OF LEARNED II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SHIVAMOGGA ON 1.A.NO.XX IN O.S.NO.234/2018 PRODUCED AS ANNEXURE-G TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally Signed By: SURAJ GOVINDA RAJ 23/09/2026, 19:16, Bengaluru Verified - 3 - HC-KAR CNR: KAHC010033932026 NC: 2026:KHC:52033 WP No. 1895 of 2026 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: “a) Issue a writ in the nature of certiorari and set aside the order dated 15.12.2025 passed by the court of learned II Additional Senior Civil Judge and JMFC, Shivamogga on 1.A.No.XX in O.S.No.234/2018 produced as Annexure-G to the writ petition. b) Issue an appropriate writ or order or direction rejecting the application under I.A.No.XX filed by the respondents seeking permission to adduce secondary evidence in respect of an alleged agreement for sale in O.S.No. 234/2018. c) Issue any other appropriate writ or order or direction as the Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case to secure the ends of justice. d) Award the cost of the proceedings ” 2. Learned counsel for the petitioner has filed a memo, seeking permission of the Court to withdraw the writ petition. The said memo reads as follows: Digitally Signed By: SURAJ GOVINDA RAJ 23/09/2026, 19:16, Bengaluru Verified - 4 - HC-KAR CNR: KAHC010033932026 NC: 2026:KHC:52033 WP No. 1895 of 2026 " MEMO The counsel appearing for the petitioner submits that the petitioner may be permitted to withdraw the captioned petition with liberty to set forth the impugned order of the trial Court as one of the grounds in the appeal that would be preferred if the decision in the suit goes against the petitioner in terms of Section 105 of Code of Civil Procedure, 1908 by allowing this memo in the interest of justice." 3. Placing the memo on record, the writ petition is dismissed as withdrawn. (SURAJ GOVINDARAJ) JUDGE VP Digitally Signed By: SURAJ GOVINDA RAJ 23/09/2026, 19:16, Bengaluru Verified