- 1 - HC-KAR NC: 2026:KHC:1 WP No. 3381 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 3381 OF 2022 (GM-CPC) BETWEEN: SUMAN DILIP KAMATH @ SUMANA KAMATH W/O DILIP KAMATH, AGED ABOUT 40 YEARS, D/O LATE U SADANDA NAYAK, RESIDENT OF A WING 71, SHANTHIVAN, BORIWILLI WEST, MUMBAI-400 092. …PETITIONER (BY SRI. KETHAN KUMAR., ADVOCATE) AND: 1. U.ADITYA NAYAK S/O LATE SADANDA NAYAK, AGED ABOUT 39 YEARS, R/AT ‘ANANDA SUDHA’, SUVASINI COMPOUND, KARANGALPADY MARKET ROAD, MANGALURU-575 003. 2. PNB HOUSING FINANCE LTD., RING ROAD BTM II STAGE, BENGALURU-560 076. REPRESENTED BY ITS AUTHORIZED OFFICER. 3. SUDHA.S.NAYAK W/O LATE SADANDA NAYAK, AGED ABOUT YEARS, R/AT ANANDA SUDHA, SUVASINI COMPOUND, - 2 - HC-KAR NC: 2026:KHC:1 WP No. 3381 of 2022 KARANGALPADY MARKET ROAD, MANGALURU-575 003. …RESPONDENTS (BY SRI. FANCIS XAVIER., ADVOCATE FOR R2; R1 & R3 ARE HELD SUFFICIENT V/O DTD:23.09.2025) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-SET ASIDE THE ORDER DTD 23.12.2021 PASSED IN M.A.NO.12/2021, M.A.NO.13/2021, M.A.NO.14/2017 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM MANGALURU, D.K. VIDE ANNX-A AND ALSO SET ASIDE THE ORDER DTD 15.01.2021 PASSED BY THE PRINCIPAL CIVIL JUDGE, MANGALURU D.K. ON I.A.NO.1, 2 AND 3 IN O.S.NO.627/2021 VIDE ANNX-H AND CONSEQUENTLY ALLOW THE I.A.NO.1, 2 AND 3 IN O.S.NO.627/2021 AS PRAYED FOR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. A memo for withdrawal application has been filed under Order XXXIX, Rule 1 and 2 of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’). 2. Accordingly, the petitioner seeks and is hereby granted, leave to withdraw this petition. The petition is dismissed as withdrawn. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 11 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA