IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.36824-36826/2017 (GM-CPC) BETWEEN:
A. P. JAYAKUMAR, S/O ANAJI PARAMESWARAPPA, AGED ABOUT 54 YEARS, BUSINESSMAN AND AGRICULTURIST, R/O ADISHAKTHI OPTICAL, JPN ROAD, SHIVAMOGGA CITY-577201.
... PETITIONER (BY SRI S. V. PRAKASH, ADVOCATE) AND:
1. A.P.BASAVARAJAPPA, S/O ANAJI PARAMESWARAPPA, AGED ABOUT 57 YEARS, BUSINESSMAN, R/O VENKATESWARA NILAYA, 6TH CROSS, A-BLOCK, GANDHINAGAR, SHIVAMOGGA CITY-577201.
2. MALLIKARJUNA @ ABHISHEK, S/O ANAJI PARAMESHWARAPPA, AGED ABOUT 23 YEARS, R/O VENKATESHWARA NILAYA, 6TH CROSS, A-BLOCK, GANDHINAGAR, SHIVAMOGGA CITY-577201.
... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 14.7.2017 PASSED BY THE COURT OF THE LEARNED CIVIL JUDGE (JR. DN) & JMFC, HONNALI REJECTING THE APPLICATIONS TO REOPEN HIS EVIDENCE BY EXAMINING THE WITNESS AS MENTIONED IN THE ADDITIONAL LIST OF WITNESS UNDER I.As 11 TO K13 IN O.S.42/2008 AT ANNEXURE-H;
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, learned counsel for the petitioner seeks to withdraw the writ petitions with liberty to urge all the grounds in the appeal under Section 105 of the Code of Civil Procedure, if he fails to succeed in the suit.
2. The memo is placed on record.
3. The writ petitions are dismissed as withdrawn with liberty as prayed for.
Sd/-
JUDGE kcm