- 1 - HC-KAR CNR: KAHC010686772025 NC: 2026:KHC:52328 WP No. 32223 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 32223 OF 2025 (GM-CPC) BETWEEN: GUDDADA HANUMAPPA S/O HANUMAPPA, DEAD BY L.RS. 1. SHANTHAMMA, W/O LATE GUDDADA HANUMAPPA, AGED ABOUT 70 YEARS, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 2. HANUMANTHAPPA, S/O LATE GUDDADA HANUMANTHAPPA, AGED ABOUT 50 YEARS, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 3. SMT. RATHNAMMA D/O LATE GUDDADA HANUMAPPA, AGED ABOUT 48 YEARS, W/O VENKATESHA, R/O GOWDAGERE VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 577 528. 4. THIPPESWAMY S/O LATE GUDDADA HANUMAPPA, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010686772025 NC: 2026:KHC:52328 WP No. 32223 of 2025 AGED ABOUT 45 YEARS, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 5. SMT. SUVARNAMMA, D/O LATE GUDDADA HANUMAPPA AGED ABOUT 40 YEARS, W/O SURESHA, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 6. ASHOKA, S/O LATE GUDDADA HANUMAPPA, AGED ABOUT 38 YEARS, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 7. CHANDRAPPA, S/O LATE GUDDADA HANUMAPPA, AGED ABOUT 35 YEARS, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. …PETITIONERS (BY SRI. KALEEMULLA SHARIFF, ADVOCATE) AND: BORAPPA DEAD BY L.RS. 1. SMT. SIDDAMMA, W/O BORAPPA, AGED ABOUT 65 YEARS. DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK - 577 528, - 3 - HC-KAR CNR: KAHC010686772025 NC: 2026:KHC:52328 WP No. 32223 of 2025 BOMMAPPA @ BOMMAIAH, DEAD BY L.RS. 2. SMT. NINGAMMA W/O BOMMAPPA @ BOMMAIAH, AGED ABOUT 50 YEARS, OCC: HOUSE WIFE, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 3. RAMAKRISHNA, S/O BOMMAPPA @ BOMMAIAH, AGED ABOUT 30 YEARS, OCC: AGRICULTURIST, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 4. HANUMAKKA, D/O BOMMAPPA @ BOMMAIAH, AGED ABOUT 29 YEARS, OCC: HOUSEWIFE, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 5. THIPPESWAMY, S/O BOMMAPPA @ BOMMAIAH, AGED ABOUT 28 YEARS, OCC: AGRICULTURIST, R/O DODDABOMMANAHALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. 6. HANUMANTHAPPA, S/O BOMMAPPA @ BOMMAIAH, AGED ABOUT MAJOR, R/O DODDABOMMANAHALLI VILLAGE, - 4 - HC-KAR CNR: KAHC010686772025 NC: 2026:KHC:52328 WP No. 32223 of 2025 JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. KOTTIGE BASAPPA, DEAD BY L.RS. 7. DODDA BASAPPA S/O LATE KOTTIGE BASAPPA AGED ABOUT 51 YEARS 8. SANNA BASAPPA, S/O LATE KOTTIGE BASAPPA, AGED ABOUT 41 YEARS, AGRICULTURIST SANNA THIPPAIAH DEAD BY HIS LR'S 9. JAYALAKSHMI, W/O LATE THIPPESWAMY, AGED ABOUT 32 YEARS 10. T. SIDDESHWARA, S/O LATE THIPPESWAMY, AGED ABOUT 24 YEARS. 11. T. SHARANAPPA, S/O LATE THIPPESWAMY, AGED ABOUT 22 YEARS. KADAPPA DEAD BY LR'S 12. HAMPAKKA, W/O LATE KADAPPA AGED ABOUT 50 YEARS 13. YELLAPPA, S/O LATE KADAPPA AGED ABOUT 35 YEARS - 5 - HC-KAR CNR: KAHC010686772025 NC: 2026:KHC:52328 WP No. 32223 of 2025 14. RATHNAMMA, D/O LATE KADAPPA AGED ABOUT 30 YEARS 15. NAGARAJA, S/O LATE KADAPPA AGED ABOUT 28 YEARS. RESPONDENTS 7 TO 15 AND ALL AARE AGRICULTURIST AND R/O DODDABOMMANA-HALLI VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT - 577 528. …RESPONDENTS (BY SRI. M.T. JAGAN MOHAN, ADVOCATE FOR C/R1 TO R5) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14.08.2025 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AT DAVANGERE IN EX.C.NO.98/2012, ANNEXURE-G DISMISSING THE I.A.NO.XIV, BY ISSUING A WRIT OF CERTIORARI AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 6 - HC-KAR CNR: KAHC010686772025 NC: 2026:KHC:52328 WP No. 32223 of 2025 ORAL ORDER Learned counsel appearing for the petitioner has filed a memo seeking permission to withdraw the present petition with liberty to file a fresh petition, if so advised. 2. The memo is accepted. The petitioner is permitted to withdraw the present petition with liberty as sought for. 3. Accordingly, the petition is dismissed as withdrawn, with liberty as aforesaid. Sd/- (K. V. ARAVIND) JUDGE VN List No.: 1 Sl No.: 2