- 1 - HC-KAR NC: 2026:KHC:9072 WP No. 4729 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4729 OF 2026 (GM-CPC) BETWEEN: 1. 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. CHANDRASHEKAR G M., ADVOCATE) AND: 1. SRIDHAR S/O ANJINAPPA AGED ABOUT 29 YEARS, OCC AGRICULTURIST, R/A CHIKKAJAJURU VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577526. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9072 WP No. 4729 of 2026 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, HOLALKERETALUK, CHITRADURGA DISTRICT-577526. 3. MANAGER NATIONAL INSURANCE COMPANY LTD, JAGALURU MAHALINGAPPA TOWERS, 1ST FLOOR, P.B.ROAD, CHITRADURGA-577501. POLICY NO.616014312110000030 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, SET ASIDE THE SAID IMPUGNED ORDER ON IA NO.XI DTD 08.01.2026 IN MVC NO. 1230/2022 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT, HOLALKERE, VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9072 WP No. 4729 of 2026 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.11 dated 08.01.2026 in MVC No.1230/2022 passed by the Senior Civil Judge and Addl. MACT, Holalkere, vide Annexure-A. C) Allow the I.A.No.11 filed by the petitioner herein and strike off/strike out his name from the MVC No.1230/2022 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 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 some time, 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 - HC-KAR NC: 2026:KHC:9072 WP No. 4729 of 2026 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 1 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. 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 VM List No.: 3 Sl No.: 30