- 1 - HC-KAR NC: 2026:KHC:684 WP No. 10467 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 10467 OF 2025 (GM-CPC) BETWEEN: 1. SRI SAMUEL KINGSTON A SON OF LATE ARON A., AGED ABOUT 53 YEARS, R/AT NO.18/48, 1ST MAIN, 6TH CROSS, MARUTHINAGAR, MADIWALA, BENGALURU - 560 068. 2. SMT. INBA CINDRELLA, DAUGHTER OF LATE ARON A., AND W/O. MR. KENNEDY, AGED ABOUT 47 YEARS, NO.4, GROUND FLOOR, 16TH MAIN, NEW MICO LAYOUT, OPP. ANANTHMURTHY ROAD, BEGUR, BENGALURU - 560 046 …PETITIONERS (BY SRI. R.V. NAIK., ADVOCATE) AND: SRI VINCENT MATHEW A SON OF LATE ARON A., AGED ABOUT 50 YEARS, R/AT NO.18/2, 3RD CROSS, KORAMANGALA MAIN ROAD, ADUGODI, BENGALURU -560 030. …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:684 WP No. 10467 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF P AND SC NO. 322/2024 ON THE FILE OF THE III ADDL. CITY CIVIL AND SESSIONS JUDGE BANGALORE CCH-35 AND AFTER LOOKING INTO THE LEGALITY AND VALIDITY OF THE ORDER DTD. 13.02.2025 (ANNX-D) TO PLEASED TO SET ASIDE THE SAME AND FURTHER ALLOW THE PETITION IN THE INTERESTS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "(a) That this Hon'ble Court be pleased to call for the Records of P & SC No.322/2024 on the file of the III Addl. City Civil & Sessions Judge, Bangalore, CCH-35, and after looking inot the legality and validity of the Order dated 13.02.2025, be pleased to set aside the same and further allow the Petition. (b) Pass such other and further Orders as this Hon'ble Court deem fit and proper in the interests of justice. (c) Award costs of the present proceedings." 2. After arguing the matter for some time, learned counsel for the petitioners submitted that the petition may be - 3 - HC-KAR NC: 2026:KHC:684 WP No. 10467 of 2025 disposed of as withdrawn reserving liberty in favour of the writ petitioners to urge all their contentions before the trial Court, which may be directed to consider the same and proceed further in accordance with law. Submission is placed on record. 3. The petition stands disposed of as withdrawn reserving liberty in favour of the petitioners as well as the respondent to urge all contentions including the contentions urged in the present petition before the trial Court, who is hereby directed to consider the same and proceed further in accordance with law. 4. Subject to the aforesaid directions and liberty reserved in favour of the petitioners, the petition stands disposed of as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 4