- 1 - HC-KAR NC: 2026:KHC:7272-DB WA No. 1914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1914 OF 2025 (GM-CPC) BETWEEN: 1. MR MANEL VAMAN NAYAK S/O. M. VITTAL NAYAK AGED ABOUT 80 YEARS R/AT#6/18/703, VITTAL NAYAK COMPOUND MATADAKANI ROAD, GANDHINAGAR MANGALURU - 575 003 DAKSHINA KANNADA DISTRICT …APPELLANT (BY SRI. RAGHAVENDRA S., ADVOCATE) AND: 1. MR. MANEL VENKATRAYA NAYAK S/O. M. VITTAL NAYAK AGED ABOUT 69 YEARS R/AT FLAT NO. 002 CLASSIC MANOR APARTMENTS ARYA SAMAJ ROAD MANGALURU - 575 003 DAKSHINA KANNADA DISTRICT 2. MR. MANEL PURUSHOTHAM NAYAK S/O. M. VITTAL NAYAK AGED ABOUT 77 YEARS R/AT GANDHINAGAR Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7272-DB WA No. 1914 of 2025 MANGALURU - 575 003 DAKSHINA KANNADA DISTRICT 3. SMT. VASANTHA BALIGA W/O. MADHAVA BALIGA CLOTH MERCHANT AGED ABOUT 88 YEARS R/AT BANTWAL - 574 211 DAKSHINA KANNADA DISTRICT 4. SMT. POORNIMA PAI W/O. DR. KASHINATH PAI AGED ABOUT 71 YEARS R/AT GANGOLI KUNDAPURA TALUK UDUPI DISTRICT - 576 216 …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DATED 31.10.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.No.21547/2025 AMD ALLOW THE APPEAL & CONSEQUENTLY, ISSUE A WRIT OF CERTIORARI AND/OR SUCH OR OTHER WRIT OR ORDER QUASHING THE IMPUGNED ORDER IN EX. C. 31/2017 DATED 28.11.2024 ON THE APPLICATION/OBJECTION FILED UNDER SECTION 47 R/W SECTION 151 OF CIVIL PROCEDURE CODE PASSED BY THE LEARNED 1ST ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K. MANGALURU PRODUCED HEREWITH AS ANNEXURE-A & ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7272-DB WA No. 1914 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel for the appellant seeks to withdraw the present appeal. 2. Appeal is dismissed as withdrawn. 3. We clarify that this order will not preclude the appellant from availing any other remedies, if otherwise available under law. 4. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD List No.: 1 Sl No.: 43