- 1 - HC-KAR NC: 2026:KHC:1875 WP No. 23617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23617 OF 2025 (GM-CPC) BETWEEN: 1. SRI. ESHWARAPPA AGED ABOUT 60 YEARS, S/O. LATE L. K. GANGADARAIAH, R/AT LAKKENAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216. 2. SRI. VIJAYAKUMAR AGED ABOUT 55 YEARS, S/O. LATE L. K. GANGADARAIAH, R/AT SINGIPURA VILLAGE, BELLAVI HOBLI, TUMKUR TALUK AND DISTRICT-572 132. 3. SRI. RUDRESHA AGED ABOUT 53 YEARS, S/O. LATE L. K. GANGADHARAIAH, R/AT LAKKENAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216. &PETITIONERS (BY SRI. VENKATESHA., ADVOCATE) AND: 1. SMT. JAYAMMA W/O. KRISHNAPPA, D/O. LATE RANGAPPA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1875 WP No. 23617 of 2025 AGED ABOUT 73 YEARS, R/O. LAKKENAHALLI, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT. 2. DEVARAJAIAH SINCE DEAD BY HIS LRS., SRI. JAYAPRAKASH, S/O. DEVARAJAIAH, AGED ABOUT 57 YEARS, R/O. BARANDUR, BHADRAVATHI TALUK. 3. SRI. BALAKRISHNAIAH SINCE DEAD BY HIS LRS., SMT. VARAMAHALAKSHMI W/O. BALAKRISHNAIAH, AGED ABOUT 60 YEARS, 4. SRI. KESHAVA MURTHY S/O. BALAKRISHNAIAH, AGED ABOUT 45 YEARS, 5. SRI. MOHAN KUMAR. L. B. S/O. BALAKRISHNAIAH, AGED ABOUT 43 YEARS, 6. SMT. KAVITHA. L. B. D/O. BALAKRISHNAIAH, AGED ABOUT 38 YEARS, RESPONDENT NO.3 TO 6 R/AT LAKKENAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISRICT-572 216. MAHALAKSHMAMMA DEAD BY HER LRS., - 3 - HC-KAR NC: 2026:KHC:1875 WP No. 23617 of 2025 7. SRI. RANGAIAH, S/O. THIRUMALAIAH, AGED ABOUT 80 YEARS, 8. SRI. SURESH S/O. RANGAIAH, 9. SRI. LOKESH S/O. RANGAIAH, AGED ABOUT 48 YEARS, RESPONDENT NO.7 TO 9 ARE RESIDING AT 3RD MAIN ROAD, 3RD CROSS, VINOBA NAGAR, TUMKUR-572 132. 10. NARASIMHAMURTHY DEAD BY HIS LRS., SRI. JAYAPRAKASH S/O. NARASIMHAMURTHY, AGED ABOUT 35 YEARS, R/AT LAKKENAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK - 572216 11. SMT. GANGAMMA W/O. LATE NARASIMHAMURTHY, AGED ABOUT 47 YEARS, 12. SMT. NAGARATHANA D/O. LATE NARASIMHAMURTHY, AGED ABOUT 29 YEARS, RESPONDENT NO.11 AND 12 ARE RESIDING AT SANJEEVAIAH COMPOUND, B.M. THOTA, BARLINE, TUMKUR - 572 132. - 4 - HC-KAR NC: 2026:KHC:1875 WP No. 23617 of 2025 13. SRI. RANGARAJU S/O. RANGASWAMAIAH, AGED ABOUT 68 YEARS, 14. SMT. NANJAMMA W/O. LATE L. K. GANGADHARAIAH, AGED ABOUT 75 YEARS, RESPONDENT NO.13 AND 14 ARE RESIDING AT LAKKENAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572 216. 15. SRI. RANGAPPA S/O. THIRUMALAIAH, AGED ABOUT 80 YEARS, R/O. 1ST MAIN, POOR HOUSE COLONY, TUMKUR DISTRICT - 572216 16. SMT. VARALAKSHMAMMA W/O. BALAKRISHNAIAH, AGED ABOUT 70 YEARS, R/O. LAKKENAHALLI, KASABA HOBLI, GUBBI TALUK- 572216. &RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS STAYING THE SURVEY PROCEEDINGS IN F.D.P.NO. 10/2018 ON THE FILE OF THE CIVIL JUDGE AND JMFC AT GUBBI AS PER ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:1875 WP No. 23617 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "[1] Issue a Writ of Mandamus directing the Trial Court to staying the survey proceedings in F.D.P.No.10/2018 on the file of the Civil Judge and JMFC at Gubbi as per Annexure-A and also stay the further proceedings Annexure-A. [2] Issue any other appropriate Writ, Order or Direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, to meet the ends of justice and equity." 2. After arguing the matter for sometime, learned counsel for the petitioners seeks permission to withdraw the present petition with liberty to file an appropriate application in FDP No.10/2018 pending before the trial Court. 3. His submission is placed on record. 4. The petition stands disposed of as withdrawn reserving liberty in favour of the petitioners to file an appropriate application in FDP No.10/2018 pending before the trial Court. If the petitioners file such an application, the trial Court shall provide an opportunity to the respondents to file objections and dispose of the application in accordance with law - 6 - HC-KAR NC: 2026:KHC:1875 WP No. 23617 of 2025 after providing sufficient and reasonable opportunity to all parties. 5. Subject to the aforesaid directions and leaving open all contentions, the petition stands disposed of as withdrawn. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 13