- 1 - HC-KAR NC: 2026:KHC:675 WP No. 61504 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 61504 OF 2016 (CS-RES) BETWEEN: VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD No.35, RATNAVILAS ROAD BASAVANAGUDI BANGALORE - 560004 REPRESENTED BY ITS SECRETARY SMT SARASWATHI KESARKAR …PETITIONER (BY SRI. B L SANJEEV., ADV.) AND: 1. SMT RADHAMMA W/O B KRISHNA BHAT AGED ABOTU 85 YEARS No.2/1, J P RAOD, 1 PHASE GIRINAGAR BANGALORE- 560085 2. SRI B K VISHWANATH S/O B KRISHNA BHAT AGED ABOTU 85 YEARS No.2/1, J P RAOD, 1 PHASE GIRINAGAR Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:675 WP No. 61504 of 2016 BANGALORE- 560085 3. SMT VIDYA W/O B KRISHNA BHAT AGED ABOUT 48 YEARS No.399, J P RAOD, 1 PHASE GIRINAGAR BANGALORE- 560085 4. SRI GANAPATHI UMAPATHI BHAT S/O UMAPATHI BHAT AGED ABOUT 74 YEARS No.3B-1 HOSPITAL ROAD GIRINAGAR BANGALORE – 560085 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BANGALORE REGION CHAMRAJPET BANGALORE – 560018 6. SRI B KRISHNA BHAT S/O LATE B NARAYANA BHAT EX-PRESIDENT VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD No.2/1, J P ROAD I STAGE GIRINAGAR BANGALORE-560085; BY HIS LRS A) SRI B.K.PARTHASARATHI S/O LATE B.KRISHNA BHAT AGE: MAJOR B) SMT. TARA D/O LATE B.KRISHNA BHAT AGE: MAJOR BOTH ARE RESIDING AT No.2/1, J.P.ROAD, 1 PHASE - 3 - HC-KAR NC: 2026:KHC:675 WP No. 61504 of 2016 GIRINAGAR BANGALORE-560085 …RESPONDENTS (BY SRI. SIDDARTH SUMAN., ADV. FOR R2 TO R4; SRI. KENCHA GOWDA, AGA FOR R5 SRI. D.VENUGOPAL, ADV. FOR R6(B), V/O/DTD.30.09.2021 SERVIDE OF NOTICE I/R/O R6(A) IS DEEMED TO BE SUFFICIENT) (R2 TO R4 ARE TREATED AS LRS OF DECEASED R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE CASE; QUASH THE ORDER DATED 19.08.2016 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN R.P.29/2014 VIDE ANNEXURE-E, GRANT AN AD-INTERIM ORDER TO STAY, THE OPERATION AND EXECUTION OF THE ORDER DATED 19.08.2016 PASSED BY THE KARNATAKA APPELLATEJ TRIBUNAL BENGALURU IN R.P.29/2014 VIDE ANNEX-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:675 WP No. 61504 of 2016 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER Learned counsel for the petitioner has filed a memo for withdrawal of the writ petition, which reads as under: 1. The petitioner had filed a petition under Section 69 of the Karnataka Co-operative Societies Act, seeking initiation of surcharge proceedings against respondent No.1 for recover of misappropriated funds aggregating to Rs.28,78,45,000/- and also seeking recovery of properties alleged to have been illegally obtained by respondent No.8 and respondent Nos.10 to 38. The said proceedings came to be numbered as JRB/MD/04/2012-13. 2. During the pendency of the said proceedings, respondent Nos.2, 4, 7 and 8 therein filed an application under Order I Rule 10(2) of the Code of Civil Procedure seeking deletion of their names from the array of respondents. The said application, after due consideration, came to be dismissed by the competent authority under the Co-operative Societies Act. Aggrieved by the dismissal of the said application, the said respondents challenged the same before the Karnataka Appellate Tribunal by filing Revision Application No.29/2014. The Hon’ble Tribunal, after hearing the parties, allowed the revision application filed by the - 5 - HC-KAR NC: 2026:KHC:675 WP No. 61504 of 2016 respondents. Being aggrieved by the order passed by the Hon’ble Karnataka Appellate Tribunal in R.A.No.29/2014, the petitioner has approached this Hon’ble Court by way of the present writ petition. 3. It is respectfully submitted that during the pendency of the present writ petition, respondent No.6 herein (respondent No.1 in the original surcharge proceedings), namely Sri Krishan Bhat, died on 09.03.2017. Consequent upon his death, the petitioner filed an application to bring the legal heirs of deceased Sri Krishna Bhat on record in the original surcharge proceedings i.e., in JRB/MD/04/2012-23 and by order dated 06.08.2021, the said application was allowed. Further, challenging the order dated 06.08.2021, the said legal heirs filed WP No.9902/2024 (CS-Res); wherein the petitioner is arrayed as respondent No.4 and the said writ petition is pending consideration before this Hon’ble Court and the same is clubbed to this writ petition. 4. In view of the above subsequent developments, particularly the continuation of proceedings against the legal heirs of the 6th respondent i.e., late Sri B.Krishna Bhat , in the original surcharge proceedings i.e., in JRB/MD/04/2012-13 pending before the 5th respondent herein, the petitioner does not intend to pursue this writ petition any further. Wherefore, the petitioner respectfully prays that this Hon’ble Court may be pleased to - 6 - HC-KAR NC: 2026:KHC:675 WP No. 61504 of 2016 permit them to withdraw this writ petition, in the interest of justice. 2. Memo is placed on record. Accordingly, the writ petition is dismissed as withdrawn. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB