- 1 - HC-KAR NC: 2026:KHC:9484 WP No. 32526 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.32526 OF 2025 (GM-CPC) BETWEEN: SRI BASAVARAJU T N S/O NATARAJU AGED ABOUT 43 YEARS BUSINESS, AT R/O 31 ACRES AREA, DEVEGOWDA BADAVANE KADUR TOWN, KADUR TALUK CHIKKAMAGALURU DISTRICT – 577 548. …PETITIONER (BY SRI. T S VENKATESH, ADVOCATE) AND: SMT. KAVITHA W/O MURIGAIYAN AGE ABOUT 48 YEARS HOUSE WIFE, 4TH CROSS LEFT SIDE, NMS HOSAMANE, BHADRAVATHI NOW RESIDING AT C/O A. KUMAR, VENKATESHWARA NAGARA KALGUNDI NEAR CHURCH KADUR TOWN KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN R.A.NO.4/2024 PENDING BEFORE HON’BLE SENIOR CIVIL JUDGE AND JMFC, KADUR AND SET ASIDE THE ORDER DATED 22.09.2025 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, KADUR IN R.A.NO.4/2024 I.A.NO.I FILED UNDER SECTION 5 OF LIMITATION ACT, ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9484 WP No. 32526 of 2025 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 undersigned Counsel for the petitioner most humbly submits that this Hon’ble Court be pleased to permit the petitioner to withdraw the above petition with liberty to prefer Regular Second Appeal (RSA) in addition to exclude the time of proceeding pending before this Hon’ble Court, by considering protection under Section 14 of the Limitation Act, 1963 in the interest of justice and equity.” 2. Accordingly, petition is dismissed as withdrawn, reserving liberty in favour of the petitioner to file Regular Second Appeal. 3. If such an appeal is filed by the petitioner, within a period of six weeks from today, the petitioner would be entitled to the benefit of Section 14 of the Limitation Act. 4. Registry is directed to return back the papers / documents to the learned counsel for the petitioner immediately without any delay. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 4 Sl No.: 25