- 1 - HC-KAR NC: 2026:KHC:8963 WP No. 4616 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4616 OF 2026 (GM-CPC) BETWEEN: KAMALAMMA W/O LATE G. J. JAYAPPA, AGED ABOUT 73 YEARS, OCC: AGRICULTURIST, VEHICLE NO.KA-17-T-2681 TRACTOR OWNER R/A THANIGEHALLI VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. …PETITIONER (BY SRI. G.M. CHANDRASHEKAR, ADVOCATE) AND: 1. MADAKARI NAIK S/O HANUMANTHAPPA AGED ABOUT 56 YEARS, OCC: AGRICULTURIST, R/A CHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 526. 2. BASAVARAJAPPA S/O RAJAPPA, AGED ABOUT 53 YEARS, OCC: AGRICULTURIST OWNER OF THE TEMPO TRAVELLER, VEHICLE NO.KA-04-D-8153 R/A: NEAR BANASHANKARE TEMPLE, CHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 526. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8963 WP No. 4616 of 2026 3. MANAGER, NATIONAL INSURANCE COMPANY LTD, JAGALURU MAHALINGAPPA TOWERS, 1ST FLOOR, P.B.ROAD, CHITRADURGA – 577 501. POLICY NO.616014312110000030. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE SAID IMPUGNED ORDER ON IA NO.7 DATED 08.01.2026 IN MVC NO.1226/2022 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, HOLALKERE, VIDE ANNEXURE-A AND ETC., 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: a) Call for records. b) Set aside the said impugned order on I.A.No.7 dated 08.01.2026 in MVC No.1226/2022 passed by the Senior Civil Judge and Addl. MACT, Holalkere, vide Annexure-A. c) Allow the I.A.No.7 filed by the petitioner herein and strike off/strike out his name from the MVC No.1226/2022 on the file of Senior Civil Judge and Addl. MACT, Holalkere thereby allowing the said application. d) Issue any other Order or writ or directions as this Hon’ble Court deems fit in the circumstances of the - 3 - HC-KAR NC: 2026:KHC:8963 WP No. 4616 of 2026 case and for cost, in the interest of justice and equity. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. After arguing the matter for sometime, learned counsel for the petitioner has filed a memo seeking withdrawal of the petition with liberty to contest the proceedings before the MACT by raising all defences in accordance with law. 4. The aforesaid memo is placed on record. 5. Accordingly, the petition is disposed of as withdrawn reserving liberty in favour of the petitioner to contest the claim petition on all grounds and putting forth all contentions including the contentions urged in the application filed by the petitioner under Order I Rule 10(2) CPC as well as the contentions urged in the present petition. 6. The MACT shall dispose of the claim proceedings without being influenced by the findings and observations recorded in the impugned order. - 4 - HC-KAR NC: 2026:KHC:8963 WP No. 4616 of 2026 7. All rival contentions between the parties on all aspects of the matter are kept open and no opinion is expressed on the Merits/de-merits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 17