- 1 - HC-KAR NC: 2026:KHC:1658 WP No. 9575 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.9575 OF 2023 (GM-CPC) BETWEEN: MR. SRIDHAR HEGDE, S/O SUBRAYA HEGDE, AGED ABOUT 47 YEARS, PROPRIETOR OF M/S CRUCIBLE INNOVATION NO.208/2, NAGASHREE ENCLAVE, 3RD MAIN ROAD, CHAMARAJPET, BANGALORE – 560 018. …PETITIONER (BY SRI. A GOPIPRAKASH, ADVOCATE) AND: 1. SRI B M VEERESH SINCE DEAD BY HIS LRS, a) SMT B V JAYASHREE, W/O LATE B M VEERESH, AGED ABOUT 55 YEARS, b) SRI B V HARSHA S/O LATE B M VEERESH, AGED ABOUT 32 YEARS, c) SMT B V NAVEEN S/O LATE B M VEERESH, AGED ABOUT 29 YEARS, ALL ABOVE RESPONDENT NO.1(a) TO 1(c) ARE R/AT NO.208, FLAT NO.002, GROUND FLOOR, ADARSHA GOLD NEST, 3RD MAIN ROAD, CHAMARJPET, BANGALORE -560 018, AND ALSO R/AT NO.421 KUVEMPU ROAD, K B EXTN, DAVANAGERE -577 002. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1658 WP No. 9575 of 2023 2. M/S N K CONSTRUCTIONS REP BY ITS PROPRIETOR, SRI NAREN KUMAR, S/O M A LAKSHMAN, AGED ABOUT 42 YEARS, R/AT NO.3, THE ORCHID, NO.11, ST.JOHN’S ROAD, BANGALORE-560 042. 3. M/S ADARSHA SHELTERS PVT LTD BUILDERS AND DEVELOPERS, REPRESENTED BY SRI CHANNA BASAVARAJU, DIRECTOR, R/AT BG-4, BRIGADE MAJESTIC, 1ST MAIN GANDHI NAGAR, BANGALORE-560 009. 4. SRI V NAGABHUSHAN S/O LATE SRI VIRUPAKSHA, AGED ABOUT 55 YEARS, R/AT NO.6, 4TH ‘A’ MAIN, BSK 3RD STAGE, 3RD PHASE, ANJANEYA LAYOUT, BEHIND SRINIVAS KALYAN MANTAP, BANGALORE-560 085. 5. SRI V SRIKANTA S/O LATE SRI VIRUPAKASHA, AGED ABOUT 53 YEARS, R/AT NO.6, 4TH ‘A’ MAIN, BSK 3RD STAGE, 3RD PHASE, ANJANEYA LAYOUT BEHIND SRINIVASA KALYAN MANTAPA, BANGALORE – 560 085. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS.NO.2123/2009 AND EX-PETITION NO.1473/2021 PENDING BEFORE THE HON’BLE XI ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-8) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1658 WP No. 9575 of 2023 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioner has filed a memo dated 05.06.2023 seeking permission to withdraw the petition. The same reads as under: “1. It is further submitted that, above petition is filed by me challenging the legality and correctness of the impugned order on dt: 05.04.2023 passed by the Hon’ble 11th Addl. City Civil and Sessions Judge at Bangalore (CCH- 8) in Ex.No.1473/2021 on objector applications (IA.No.1 to 4) filed in IA.No.1 was filed under Section 47 r/w Section 151 of CPC to set aside the judgment and decree dated 25.06.2011 passed in O.S.No.2123/2009, I.A.No.2 was filed under Section 151 of CPC to permit him to contest the matter on merits, I.A.No.3 was filed under Order XXI Rules 97 to 100 R/W Section 151 of CPC to protect his interest in the suit schedule property & I.A.No.4 was filed under Order 47 Rules 1 and 2 R/W Section 151 of CPC on 26.04.2023. 2. It is further submitted that, the registry have raised some office objection along with note that present writ petition is not maintainable against the impugned order on dt: 05.04.2023 passed by the Hon’ble 11th Addl. City Civil and Sessions Judge at Bangalore (CCH-8) in Ex.No.1473/2021. After the go through the steeled - 4 - HC-KAR NC: 2026:KHC:1658 WP No. 9575 of 2023 principal of law hence petitioner decided to withdraw the above petition and filed an appeal in this regard. Wherefore, Petitioner in the above matter most respectfully pray that this Hon’ble Court pleased to permit the petitioner to withdraw the above petition as not pressed and sought liberty to file fresh appeal before this Hon’ble Court in the ends of justice” 2. Accordingly, petition is disposed of as withdrawn with liberty as prayed for. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 50