- 1 - HC-KAR NC: 2026:KHC:16597 WP No. 22204 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 22204 OF 2023 (GM-CPC) BETWEEN: M/S. AISHWARYA BUILDERS AND DEVELOPERS REPRESENTED BY ITS PARTNER SRI. N.A. HARIPRASAD S/O ANJANAPPA AGED ABOUT 58 YEARS R/AT NO.662, OPP. KALVARI BETTA CAUVERY LAYOUT, DASARAHALLI HEBBAL KEMPAPURA BENGALURU-560 024 REP. BY ITS PARTNER …PETITIONER (BY SRI. ADHITYA C. SHUKAPURI, ADVOCATE) AND: 1. M/S. SRI VENKATESHWARA LAND DEVELOPERS, NO.165, MIG II CROSS, II MAIN, (707 SCHEME) IV PHASE, YELAHANKA SATELLITE TOWN BENGALURU-560 064 REPRESENTED BY ITS PARTNER (A) SRI. A.C. SRINIVAS S/O CHANNAVENKATAIAH AGED ABOUT 55 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16597 WP No. 22204 of 2023 RESIDING AT CHOKKANAHALLI JAKKUR POST, YELAHANKA HOBLI BENGALURU-560064 (B) SRI. SHIVAKUMAR S/O KARIBASAPPA AGED ABOUT 63 YEARS R/AT NO.851, II STAGE YELAHANKA SATELLITE TOWN BENGALURU-560 064 REP. BY ITS PARTNERS 2. M/S VENKATESHWARA HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED REGISTERED OFFICE AT ROOM NO.1 II FLOOR, NO.337, 9 ‘F’ MAIN ROAD 10TH CROSS, I ‘N’ BLOCK RAJAJINAGAR BENGALURU-560 010 REPRESENTED BY ITS SECRETARY 3. SRI. K. MUKUNDA RAO AGED ABOUT 66 YEARS PRESIDENT OF M/S VENKATESHWARA HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.637, 1ST MAIN ROAD KEMPEGOWDA NAGAR T. DASARAHALLI BENGALURU-560 057 4. SRI. VASANT A GOWDA SINCE DEAD BY LRs SMT. MAMATHA E W/O LATE VASANTH A GOWDA AGED ABOUT 53 YEARS - 3 - HC-KAR NC: 2026:KHC:16597 WP No. 22204 of 2023 5. SRI. CHANDAN V GOWDA S/O LATE VASANTH A GOWDA AGED ABOUT 23 YEARS 6. MS. CHANDINI V. GOWDA D/O LATE VASANTH A GOWDA AGED ABOUT 23 YEARS RESPONDENT NOS.4 TO 6 ARE RESIDING AT NO.27, JAKKUR NEAR JAKKUR CIRCLE K.V. BYRE GOWDA CIRCLE OFF BELLARY ROAD BENGALURU-560 064 7. SMT. B.V. PADMAVATHI D/O B.V. JAYARAM AGED ABOUT 53 YEARS RESIDING AT NO.455 13TH MAIN, MANJUNATHA NAGAR BENGALURU-560 010 8. SMT. L.R. NANDINI D/O L.R. RANGANATH AGED ABOUT 52 YEARS RESIDING AT KURUBARA STREET LAKKAVALLI, TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577 128 …RESPONDENTS (R1-SERVED; VIDE ORDER DATED 10.04.2024 NOTICE TO OTHER RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMON ORDERS DTD 12.09.2023 MADE ON I.A.NO.24 FILED U/S 151 OF THE CODE OF CIVIL PROCEDURE AND IA NO.25 FILED UNDER ORDER XVI RULE 1, 2 AND 6 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN THE SUIT, O.S.NO.4756/2006 ON THE FILE OF THE X ADDITIONAL CITY - 4 - HC-KAR NC: 2026:KHC:16597 WP No. 22204 of 2023 CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-26) PRODUCED HEREWITH AND MARKED AS ANNEXURE-G TO THE WRIT PETITION AND ALLOW THE SAID APPLICATIONS BY GRANTING THE RELIEFS SOUGHT FOR THEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER A memo is filed seeking leave of this Court to withdraw this writ petition with liberty to file a fresh writ petition. 2. The memo dated 11.03.2026 is taken on record. 3. This writ petition is dismissed as withdrawn. 4. If the parties fail to amicably settle the matter before the trial court, liberty is reserved to the petitioner to challenge the order dated 12.09.2023 before this Court by filing a fresh writ petition, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 45