IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.46324/2018 (GM CPC) BETWEEN SMT. B AMBIKA SOWKAR W/O A.M.PRASANNAKUMAR, AGED ABOUT 49 YEARS, D/O K H BASAVARAJAPPA, R/O DOOR NO.332/1, GIRI NIVAS, VINAYAKA ROAD, K.R.PURAM, BENGALURU-560036.
(BY SRI K SREEDHAR, ADV.) AND SHRI R SHANMUGAM S/O SHRI RAJAPPA, AGED ABOUT 50 YEARS, NO.15, BASAVANAPURA, K.R.PURAM, BENGALURU-560036.
... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 29.6.2018 PASSED IN I.A.NO.3 IN O.S.NO.1224/2012 PENDING ON THE FILE OF LEARNED XXV ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU, CCH- 23 AT ANNEX-E AS THE SAME IS ILLEGAL, ARBITRARY AND UNSUSTAINABLE; AND DIRECT THE COURT BELOW TO CONTINUE THE PROCEEDINGS TO DECIDE THE CASE O.S.NO. 1224/2012 ON ITS MERITS.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner submits that he would not press the relief sought at prayer-B and he would withdraw the prayer-B.
2. His submission is placed on record.
3. The learned counsel after making aforesaid submission has filed a memo seeking withdrawal of the writ petition with liberty to avail the alternative remedy of appeal.
4. Memo is taken on record.
The writ petition is dismissed as withdrawn.
Sd/- JUDGE Chs* CT-HR