Disposed¶38

Shri. Jagendra v. Sri. N. Pillappa

Karnataka HC20 Jan 2026WP/16436/2022

Case brief

AI extract

What is this about?

Withdrawal of suit; memo of withdrawal simpliciter; refusal to accept withdrawal memo; dominus litis; liberty to file fresh suit on future cause of action; Article 227 certiorari; O.S.No.1331/2022; RP 158/2021 before Deputy Commissioner; Principal Senior Civil Judge Bengaluru Rural District; GM-CPC; Karnataka High Court; Tara Vitasta Ganju, J.; petition disposed of with directions.

What did the court decide?

Petition disposed of with directions permitting the petitioner/plaintiff to file a fresh memo of withdrawal simpliciter before the Trial Court, which is to examine the memo and pass an order in accordance with law; all pending applications stand closed. ¶38

Shri. Jagendra Vs Sri. N. Pillappa — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:3421 WP No. 16436 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

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WRIT PETITION NO.16436 OF 2022 (GM-CPC)

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BETWEEN:

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SHRI. JAGENDRA, AGED ABOUT 45 YEARS, S/O LATE NARAYANAPPA, NO.51/12, 2^ND CROSS, KEMPAIAH LAYOUT, SHYAMPURA MAIN RAOD, KAVALBYRASANDRA, BENGALURU NORTH TLAUK, BENGALURU – 560 032.

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REP. BY HIS GPA HOLDER, SRI. V. SRINIVAS, AGED ABOUT 46 YEARS, NOI.30/1, JAI CHIRANJEEVA NILAYA, BEHIND VEGETABLE MARKET, NETHRAVATHI EXT., 1^ST MAIN, KRISHNARAJAPURAM, BENGALURU - 560 036.

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…PETITIONER

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(BY SRI. V B SHIVA KUMAR., ADVOCATE)

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AND:

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SRI. N. PILLAPPA, AGED ABOUT 73 YEARS, S/O LATE NAGAPPA, CHEEMASANDRA VILLAGE, BODARAHALLI HOBLI,

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NC: 2026:KHC:3421 WP No. 16436 of 2022

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HC-KAR

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BENGALURU EAST TALUK, BENGALURU - 560 049.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING A) FOR A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASHING THE ORDER DATED 4.7.2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REQUESTING THE COURT TO PERMIT THE PETITIONER TO WITHDRAW THE ORIGINAL SUIT FILED BY HIM IN O.S.NO.1331/2022 PRODUCED AT ANNEXURE-A; B) COSTS OF THE PETITION.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

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ORAL ORDER

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The present petition seeks to challenge an order dated 04.02.2022 in O.S.No.1331/2022 passed by the Learned Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as the “Impugned Order”). By the Impugned Order, a memo of withdrawal filed by the petitioner/plaintiff was not accepted by the Learned Trial Court. It is this order that is being sought to be challenged before this Court.

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The learned counsel for the petitioner/plaintiff on instructions submits that the plaintiff as dominus litis wishes to

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NC: 2026:KHC:3421 WP No. 16436 of 2022

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HC-KAR

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withdraw the suit simpliciter. He further submits that the petitioner/plaintiff has instructed him to do the needful.

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A perusal of the memo of withdrawal sets out that the withdrawal of the suit is with a request for reserving liberty to file a fresh suit in case cause of action arises subsequently. The memo which has been filed is also not signed by the petitioner/plaintiff. The relevant extract of the memo of withdrawal being brief is set out below.

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“Plaintiff filed the above suit against Defendant restraining him from interfering with the Schedule Property and the road provided. The Defendant has also filed RP 158/2021, before the Deputy Commissioner. When questioned in interference defendant mentioned he will not interfere with the suit schedule property. Therefore, on the statement made by defendant before Deputy Commissioner in RP 158/2021 Plaintiff seeks withdrawal of the above suit. Therefore, reserving liberty plaintiff may be permitted to withdraw the above suit on the cause of action. If any cause of action arises subsequently, liberty may be granted to file the fresh suit the same may be taken on record and plaintiff may be permitted to withdraw the above suit with liberty in the interest of justice and equity.”

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[Emphasis supplied]

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4. Learned counsel for the petitioner/plaintiff submits that

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he has instructions to withdraw the suit without any liberty.

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NC: 2026:KHC:3421 WP No. 16436 of 2022

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HC-KAR

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In these circumstances, the petitioner/plaintiff is permitted to file a fresh memo of withdrawal simpliciter before the Trial Court. The Learned Trial Court will examine the memo and pass an order in accordance with law. With these directions, the petition is disposed of.

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All pending applications stand closed.

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Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA

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(TARA VITASTA GANJU) JUDGE

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List No.: 2 Sl No.: 1

Shri. Jagendra v. Sri. N. Pillappa

Case brief

What is this about?

What did the court decide?

Shri. Jagendra v. Sri. N. Pillappa

Case brief

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