IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.55323 OF 2018 (GM-CPC) Between:
Ashalatha @ Asha Nainesh Amin, D/o. Koti Poojari, Aged about 45 years, Residing at Room No.18, 3rd Floor, Paduval Nagar, Wagle Estate, Thane-400604.
Also at:
“Baghi Kripa” Posar Thota House, Moodubettu Village, Katapady, Udupi-574 105.
Now residing at:
Flat No.A/2016, 2nd Floor, Om Jayanand C.H.S Limited, Sector-7, Shreenagar, Wagle Estate, Thane-400604. …Petitioner (By Sri.Sampat Anand Shetty, Advocate) And:
1. Govardhana, S/o. Koti Poojary, Aged about 66 years, Residing at Bhagi Kripa, Posar Thota House, Moodubettu Village, Katapady, Udupi Taluk-574 105.
Now Residing at:
302/422, New Vishwas, C.H.S.Limited, D.K.Sandu Marg, Chembur, Mumbai-400 071.
2. Srinivasa, S/o. Koti Poojary, Aged about 64 years, Residing at ‘Srinivasa’, Posar Thota House, Behind Holy Cross, Moodubettu Village, Katapady, Udupi Taluk-574 105.
3. Sadananda, S/o. Koti Poojary, Aged about 89 years, Residing at Bhagi Kripa, Posar Thota House, Moodubettu Village, Katapady, Udupi Taluk-574 105.
4. Sudhakara, S/o. Koti Poojary, Aged about 60 years, Residing at ‘Srinivasa’, Posar Thota House, Behind Holy Cross, Moodubettu Village, Katapady, Udupi Taluk-574 105.
5. Bhujanga, S/o. Koti Poojary, Aged about 54 years, Residing at Bhagi Kripa, Posar Thota House, Moodubettu Village, Katapady, Udupi Taluk-574 105.
6. Jaya, S/o. Koti Poojary, Aged about 52 years, Residing at Bhagi Kripa, Posar Thota House, Moodubettu Village, Katapady, Udupi Taluk-574 105. ...Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 14.11.2017 passed by the Additional Senior Civil Judge at Udupi, in O.S.No.54/2004 vide Annexure-A, whereby the learned Additional Senior Civil Judge passed an order for return of plaint in utter contravention of the provisions contained under Section 5 of the Karnataka Act 26 of 2007 dated 28.08.2007.
This Writ Petition coming on for Orders, this day, the Court made the following:
O R D E R Sri. Sampat Anand Shetty, learned Counsel for the petitioner.
Learned counsel for the petitioner seeks leave of this Court to withdraw this writ petition with liberty to assail the order dated 14.11.2017 in an appeal. Needless to state, in case petitioner files an appeal, she shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, in respect of the period for which this petition has been pending before this Court.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE bkp