- 1 - HC-KAR NC: 2026:KHC:3295 W.P. No.4683/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4683/2025 (GM-CPC) BETWEEN: SRI. PHILIPS SINCE DEAD BY LR'S. 1. SMT. JOJAMMA W/O LATE PHILIPS AGED ABOUT 76 YEARS. 2. SRI. KANIKSWAMY S/O LATE PHILIPS AGED ABOUT 58 YEARS. 3. SRI. BARTHALAM S/O LATE PHILIPS AGED ABOUT 51 YEARS. 4. SMT. ANTHONY MARY D/O LATE PHILIPS AGED ABOUT 46 YEARS. 5. SMT. BALAMARY D/O LATE PHILIPS AGED ABOUT 46 YEARS. 6. SRI. CHOWRAPPA S/O LATE CHINNAPPA AGED ABOUT 74 YEARS. 7. SMT. SOWRAMMA W/O LATE JOSEPH AGED ABOUT 76 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2026:KHC:3295 W.P. No.4683/2025 8. SMT. MARIYA D/O LATE CHINNAPPA AGED ABOUT 46 YEARS. 9. SRI. ANTHONAPPA S/O LATE CHINNAPPA AGED ABOUT 74 YEARS. SINCE DEAD LRS ALL READY ON RECORD. ALL ARE RESIDING AT BYRATHI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK. …PETITIONERS (BY SMT. SHARANYA H.R. ADV., FOR SRI. A.N. GANGADHARAIAH, ADV.,) AND: 1. SRI. ALBERT JAVIER S/O LATE SHANTHAPPA AGED ABOUT 66 YEARS. 2. SRI. SANDYAGAPPA S/O LATE SHANTHAPPA AGED ABOUT 58 YEARS. 3. SRI. ANTHONYSWAMY S/O LATE SHANTHAPPA AGED ABOUT 56 YEARS. 4. SRI. ULLASAPPA S/O LATE SHANTHAPPA AGED ABOUT 51 YEARS. 5. SMT. SELVAMARY W/O M. PATRICK D/O LATE SHANTHAPPA AGED ABOUT 61 YEARS. - 3 - HC-KAR NC: 2026:KHC:3295 W.P. No.4683/2025 6. SRI. MICHAEL S/O LATE SOWRAPPA AGE IN MAJOR. 7. SRI. ANTHONYSWAMY S/O LATE SOWRAPPA AGED IN MAJOR. 8. SMT. CHINNAMMA W/O LATE SABASTIN AGED IN MAJOR. 9. SRI. BALARAJ S/O LATE SABASTIN AGED IN MAJOR. 10. SRI. AROGYASWAMY S/O LATE SABASTIN AGED IN MAJOR. 11. SMT. ANTHONYMARY D/O LATE SABASTIN AGED IN MAJOR. 12. SMT. SEEBHA W/O LATE KANIKASWAMY AGED IN MAJOR. 13. SRI. ROSHAN S/O LATE KANIKASWAMY AGED IN MAJOR. 14. SMT. CHINNAMMA W/O LATE ANTHONAPPA AGED IN MAJOR. ALL ARE RESIDING AT BYRATHI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU. - 4 - HC-KAR NC: 2026:KHC:3295 W.P. No.4683/2025 15. SMT. SHANTHI W/O S. RAJAMANNAR AGED IN MAJOR R/A 36/1, TEMPLE ROAD MALLESHWARAM BENGALURU - 560003. 16. SRI. AROGYASWAMY S/O LATE CHINNAPPA AGED ABOUT 76 YEARS R/AT. BYRATHI VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK. …RESPONDENTS (BY SRI. MANJUNATHA REDDY, ADV., FOR R4) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STAY THE IMPUGNED ORDER PASSED ON IA NO.7, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE ON IA NO.7 FILED UNDER ORDER 1 RULE 10(2) OF CPC, DATED 14.11.2024 IN O.S.NO. 1232/2018, VIDE ANNEXURE-J. CONSEQUENTLY, ALLOW THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER 1 RULE 10(2) OF CPC-I.A.NO.7 VIDE ANNX-C AND PASS SUCH OTHER RELIEF/S AS THIS HONBLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR NC: 2026:KHC:3295 W.P. No.4683/2025 ORAL ORDER Learned counsel for the petitioners has filed a memo seeking leave of the Court to withdraw the petition. 2. The memo reads as under: "The petitioner most respectfully submits before this Hon'ble court that this Hon'ble court may be pleased in discrepancies in this petition, kindly permit the petitioner to withdraw the petition in view of liberty to file fresh petition in the interest of justice and equity." 3. The memo is placed on record. 4. In view of the aforesaid memo, the writ petition is dismissed as withdrawn. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 12