- 1 - HC-KAR NC: 2026:KHC:1731 WP No. 18791 of 2024 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.18791 OF 2024 (GM-CPC) BETWEEN: SRI P M NANJEGOWDA S/O LATE MAREGOWDA AGED ABOUT 70 YEARS, R/AT PALYADAHALLI VILLAGE, THIPPASANDRA HOBLI, BISKUR POST, MAGADI TALUK, RAMANAGAR DISTRICT – 561 092 …PETITIONER (BY SRI. G.A. GURUMATH, SENIOR COUNSEL FOR SRI. EKAMBE VENKANNA G., ADVOCATE) AND: 1. SMT SHANTHAMMA W/O SRI KEMPEGOWDA, AGED ABOUT 55 YEARS, R/AT RAYAPPANAPALYA, KUDUR POST, MAGADI TALUK – 571 101 RAMANAGAR DISTRICT, 2. SMT P M JAYAMMA W/O SRI. H T LEELAMURTHY AGED ABOUT 72 YEARS, R/AT NO.987, ATHMIYA GELEYARA LAYOUT, 3RD CROSS, 11TH MAIN ROAD, HESSARAGHATTA MAIN ROAD, BENGALURU – 560 090. 3. SMT P M SHAKUNTHALAMMA W/O SRI LAKKAPPA AGED ABOUT 69 YEARS R/AT KUPPEPALYA VILLAGE, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1731 WP No. 18791 of 2024 BISKUR POST, MAGADI TALUK – 571 101 RAMANAGAR DISTRICT SMT NEELAMMA (DEAD) W/O LATE SRI BASAVEGOWDA, SINCE DECEASED BY HER LRS 4. SRI MANJUNATH S/O LATE SRI BASAVEGOWDA, AGED ABOUT 36 YEARS 5. SRI SURESH S/O LATE SRI BASAVEGOWDA, AGED ABOUT 35 YEARS BOTH 4 & 5 ARE RESIDING AT 1ST FLOOR, 4TH MAIN, KENGERI SATELLITE TOWN, NEAR SHELL PETROL BUNK BENGALURU – 560 060. 6. SMT MANJULA W/O SRI THIMMEGOWDA AGED ABOUT 57 YEARS R/AT KERE KATHIGANANURU BILIYANAKOTE POST, SOMAPURA HOBLI 571 101 NELAMANGALA TALUK. 7. SMT VIJAYAMMA W/O SRI VENKATEGOWDA AGED ABOUT 52 YEARS, R/AT NO.36, 5TH CROSS, SRIRAMAPURA, BENGALURU – 560 002. 8. SRI P M HANUMANTHARAYAPPA W/O LATE SRI P M MAREGOWDA AGED ABOUT 69 YEARS, R/AT PALAYADAHALLI VILLAGE, THIPPASANDRA HOBLI, BISKUR POST 562131, MAGADI TALUK, RAMANAGAR DISTRICT. 9. SMT RAMAKKA W/O RAMAKRISHNAIAH AGED ABOUT 61 YEARS - 3 - HC-KAR NC: 2026:KHC:1731 WP No. 18791 of 2024 R/AT NO.60, 1ST MAIN ROAD, NEW EXTENSION, MANJUNATHANAGAR NAGASANDRA POST, BENGALURU – 560 073. 10. SMT RADHAMMA W/O G THIMMEGOWDA AGED ABOUT 60 YEARS, R/AT NO.38, 60 FEET ROAD, II MAIN ROAD, A.E.C.S. LAYOUT, BENGALURU – 560 027. …RESPONDENTS (BY SRI. SHANKARAPPA, ADVOCATE FOR R-1 TO R-8 NOTICE TO R-9 IS HELD SUFFICIENT ON 31.10.2025) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.06.2024 PASSED BY THE LEARNED ADDL. SENIOR CIVIL JUDGE AND JMFC, MAGADI ON IA NO.10 OF 2024 IN FDP NO.14 OF 2019, VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioner has filed a memo seeking withdrawal of the present petition reserving liberty in favour of the petitioner, who is defendant No.1 in O.S.No.767/2023 to file an appropriate application in O.S.No.767/2023 and by directing the Trial Court to dispose of the said application, in accordance with law. - 4 - HC-KAR NC: 2026:KHC:1731 WP No. 18791 of 2024 2. The memo and submission made by learned Senior Counsel for the petitioner is placed on record. 3. Accordingly, petition stands disposed of as withdrawn reserving liberty in favour of the petitioner – defendant No.1 to file appropriate application in O.S.No.767/2023 pending before the Trial Court. 4. In the event petitioner – defendant No.1 files such an application in O.S.No.767/2023, the Trial Court shall provide an opportunity to the other parties in the said suit and dispose of the said application in accordance with law without being influenced by the findings and observations recorded in the impugned order. 5. Subject to the aforesaid observations and leaving open all contentions to be decided by the Trial Court in O.S.No.767/2023, the petition stands disposed of. It is made clear that the present order shall not be treated as interfering with the impugned order dated 25.06.2024 passed on I.A.No.10 in FDP No.14/2019. Further, the Trial Court before whom FDP No.14/2019 is pending, is directed to dispose of FDP as expeditiously as possible. - 5 - HC-KAR NC: 2026:KHC:1731 WP No. 18791 of 2024 6. Subject to the aforesaid observations and directions, the petition stands disposed of as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 52