- 1 - HC-KAR NC: 2026:KHC:4133 WP No. 13608 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13608 OF 2025 (GM-CPC) BETWEEN: 1. SRI B G SRINIVASA MURTHY S/O SRI. B.G.GOPALAIAH, AGED ABOUT 77 YEARS. 2. SMT. GEETHA MURTHY W/O SRI. B.G.SRINIVASA MURTHY AGED ABOUT 66 YEARS BOTH WERE RESIDING AT: # 690/G, "KAUSHIK", 14TH MAIN ROAD, JP NAGAR 2ND PHASE, BENGALURU - 560 078 PRESENTLY BOTH ARE RESIDING AT: FLAT NO.4141, PRESTIGE SOUTH RIDGE, 125, HOSAKEREHALLI, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. …PETITIONERS (BY SRI. SUNIL S NARAYAN., ADVOCATE) AND: SRI R RADHAKRISHNA S/O M.V.RAMACHANDRAN, AGED ABOUT 72 YEARS, SINCE DEAD Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4133 WP No. 13608 of 2025 1. R.DHARANI KUMAR S/O LATE R KRISHNA MURTHY NAIDU AGED ABOUT 39 YEARS R/AT NO.6-1, 139, K T ROAD, TIRUPATHI TOWN, TIRUPATHI URBAN MANDAL TIRUPATHI - 517 501 2. SRI. BALAJI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., (SOCIETY REGISTERED UNDER SOCIETY ACT) HAVING ITS REGISTERED OFFICE AT: NO.2, 6TH CROSS, 1ST MAIN ROAD, ASHOKANAGAR, B.S.K 1ST STAGE, BENGALURU - 50. REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI H.N.SHASHIDHAR, SENIOR COUNSEL FOR SRI H.S.SUHAS, ADVOCATE) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH /SET ASIDE THE ORDER DATED 21.03.2025 ON I.A.NO. 6 PASSED BY THE O.S. NO.8348/2015 ON THE FILE OF THE XL ADDL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU CCH-41 AT ANNEXURE-J AND IN TURN RESTORE THE ORIGINAL SUIT FILED BY THE PLAINTIFF/PETITIONER HEREIN, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4133 WP No. 13608 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioner has filed a memo seeking withdrawal of the petition with liberty to file an appropriate Regular First Appeal (RFA). 2. Memo is placed on record. The writ petition is disposed of as withdrawn. Liberty is reserved in favour of the petitioner to file a Regular First Appeal (RFA) before this Court. It is further directed, in the event, the petitioner file such an appeal within a period of four weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 2 Sl No.: 8