- 1 - HC-KAR NC: 2026:KHC:2248 WP No. 38789 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38789 OF 2025 (GM-CPC) BETWEEN: SMT.VISHALAKSHAMMA, W/O LATE G.V. HANUMANTHARAYASETTY, DEAD BY LRs 1. SMT. LAKSHMI, W/O SOMANATH, AGED ABOUT 43 YEARS. 2. SMT. SUMA, D/O LATE G.V. HANUMANTHARAYASETTY, AGED ABOUT 41 YEARS. PETITIONER NO.1 AND 2 ARE R/A, SIRA ROAD, NEAR NAGARA KATTE, PAVAGADA TOWN, TUMKUR DISTRICT – 561 202 3. SRI. NARAYANAPPA, S/O LATE HANUMAIAH, AGED ABOUT 66 YEARS, R/O KYATAGANAKERE VILLAGE, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMKUR DISTRICT – 572 116 …PETITIONERS (BY SRI. JAYASIMHA K. P., ADVOCATE) AND: 1. SMT.GAYATHRIDEVI G. R. W/O LATE G. RAMANJINEYA SHETTY, AGED ABOUT 67 YEARS. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2248 WP No. 38789 of 2025 2. SMT. H.R. NAGALAKSHMI, W/O ROHIT AGED ABOUT 32 YEARS. R/O H.NO.-3483/1232, BELLARY ROAD, PAVAGADA TUMAKURU DIST. – 561 202 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN O.S.NO.4/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC PAVAGADA MARKED AS ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Issue writ of certiorari order to quash the entire proceedings in O.S.No.4/2023 on the file of the Senior Civil Judge and JMFC, Pavagada, marked as Annexure-A. ii) Grant such other orders as this Hon’ble Court deems fit in the interest of justice and equity.” 2. After arguing the matter for sometime, learned counsel for the petitioners submits that the petitioners may be permitted to withdraw the petition, reserving liberty in favour of the petitioners, who are the defendants in O.S.No.4/2023 to file an appropriate - 3 - HC-KAR NC: 2026:KHC:2248 WP No. 38789 of 2025 application seeking rejection of the plaint/dismissal of the suit filed by the respondents-plaintiffs and directing the trial Court to consider and pass appropriate orders on the said application in accordance with law. 3. The aforesaid submission is placed on record. 4. Accordingly, the petition stands disposed of as withdrawn reserving liberty in favour of the petitioners to file appropriate application before the trial Court seeking rejection of plaint/dismissal of the suit. If the petitioners-defendants file such an application, the trial Court shall provide an opportunity to the respondents-plaintiffs to file objections and consider and pass appropriate orders on the said application in accordance with law. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 6. Subject to the aforesaid directions and liberty, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 18