- 1 - HC-KAR NC: 2026:KHC:6339 WP No. 33596 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33596 OF 2024 (GM-CPC) BETWEEN: 1. SRI. RAJENDRA SINGH S/O LATE S. ASWATHNARAYAN SINGH, AGED ABOUT 63 YEARS, CHAIRMAN, R.S.GROUP OF INSTITUTIONS NO. 327/66, GANGANAGAR (NEAR MEKHRI CIRCLE) INTERNATIONAL AIRPORT ROAD, BENGALURU – 560 032 2. SMT. M.A. KAUSHALYA BAI, D/O LATE S. ASHWATHNARAYAN SINGH, AGED ABOUT 65 YEARS, TGT - MATHS TEACHER, NOW RETIRED KENDRIYA VIDYALAYA - CRFP, YELAHANKA, BENGALURU – 560 064. 3. SMT. B.A. JAISHRI SINGH D/O LATE S. ASHWATHNARAYAN SINGH, AGED ABOUT 60 YEARS, PRINCIPAL (RETIRED) SHESHADRIPURAM INDEPENDENT PRE-UNIVERSITY COLLEGE 10TH CROSS, MAGADI ROAD, BENGALURU – 560 023. 4. SRI B. A. BHANU PRATAP SINGH, S/O LATE S. ASWATHNARAYAN SINGH, AGED ABOUT 56 YEARS, CHIEF EXECUTIVE OFFICER, ANIMASTER CORPORATE STUDY CENTRE, III FLOOR, UNIWORTH PLAZA, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6339 WP No. 33596 of 2024 #20, ABOVE MARUTHI SHOWROOM, NEAR CAUVERY THEATRE, MALLESHWARA, SANKEY ROAD BENGALURU – 560 003. …PETITIONERS (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) AND: 1. SMT. RAKSHITHA SINGH ALIAS VIDYA KAMAL KUMARI R.C., AGED ABOUT 54 YEARS, W/O PRAMOD SINGH K.J., #403, ROHITHA GARDENS, OPP. TATANAGAR WATER TANK, TATANAGAR, BENGALURU – 560 092. 2. SRI UDAY PRATAP SINGH C., AGED ABOUT 54 YEARS, S/O LATE CHANDRABHAN SINGH SHOBHA RUBY APARTMENTS KEMPEGOWDANAGAR, 8TH MILE, PEENYA BENGALURU – 560 022. 3. SMT. VEENA C. SINGH, ALIAS VEENA SINGH VERMA AGED ABOUT 48 YEARS, W/O NAVENEET VERMA, D/O LATE CHANDRABHAN SINGH NO. 11028, JANAPRIYA UTOPIA, BLOCK-1, ATTAPUR HYDERABAD – 500 048 …RESPONDENTS (BY SRI. BALAJI RAGHUNATHAN, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 11.11.2024 BY LEARNED XX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON IA NO.1/2024 FILED UNDER ORDER VI RULE 17 OF THE CPC IN OS NO.432/2014 VIDE ANNX-A AND REJECT IA NO.1/2024 FILED BY THE RESPONDENTS UNDER - 3 - HC-KAR NC: 2026:KHC:6339 WP No. 33596 of 2024 ORDER VI RULE 17 OF CPC SEEKING TO AMEND THE SUIT SCHEDULE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned counsel for the petitioner files a memo seeking permission to withdraw the petition. The same reads as under: “The Petitioner challenged Order dated 11.11.2024 passed by Learned XX Addl. City Civil and Sessions Judge, Bangalore on I.A. No.1/2024 filed under Order VI Rule 17 of the CPC. This Hon'ble Court after prima facie being satisfied that the Order was illegal, was pleased to grant an interim order staying order dated 11.11.2024 on I.A. No.1/2024 in O.S.No.432/2014. The Petitioner also filed an Application under Order VII Rule 11 of the CPC for rejection of the Plaint. The Learned XX Addl. City Civil & Sessions Judge, after threadbare consideration rejected Plaint by allowing application filed under Order VII Rule 11 by order dated 23.01.2026. Therefore, it is most humbly prayed that this Hon'ble Court may be pleased to permit the Petitioners to withdraw the above Writ Petition with the liberty to challenge the same order once again if need be, or seek for restoration of the above Writ Petition if an order is passed by this Hon'ble Court in the Regular First Appeal - 4 - HC-KAR NC: 2026:KHC:6339 WP No. 33596 of 2024 proposed to be filed by Respondents challenging 23.01.2026 on application filed under Order VII Rule 11 of the CPC. Therefore, it is prayed that this Hon'ble Court may be pleased to permit the Petitioner to withdraw the above Writ Petition with the liberty to challenge the order impugned in the above Writ Petition on the same cause of action or seek restoration of the above Writ Petition. in the event of this Hon'ble Court entertaining the Regular First Appeal proposed to be filed by the Respondent against the order dated 23.01.2026 on the application filed under Order VII, Rule 11 of the CPC, in the interest of justice.” 2. Accordingly, petition is dismissed as withdrawn with liberty as prayed for. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 94