IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.58567 OF 2017 (GM-CPC) Between:
Smt. B.Venkatamma, Wife of Late N.Ramaiah, Aged about 91 years, Residing at No.149, 9th Main, 6th Sector, HSR Layout, Bengaluru-560 102. ... Petitioner (By Sri.H.Mujtaba, Advocate) And:
Sri. K.N.Nagabhushan, Son of late N.Narayana Swamy, Aged about 55 years, Residing at No.495, 19th Main, 4th T-Block, Jayanagar, Bengaluru-560 041. ... Respondent (By Sri. G.V.Krishna Reddy, Advocate) This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dated 16.12.2017 passed by learned XIX Additional City Civil and Sessions Judge, Bangalore (CCH-18) on Interlocutory Application dated 16.12.2017 filed by the petitioner under Order XVII Rules 1 & 2 of the Code of Civil Procedure in O.S.No.874/2016 vide Annexure-A.
This Petition coming on for “Preliminary Hearing in B Group”, this day, the Court made the following:-
ORDER Learned counsel on either side having argued the matter for some time, now consensually submit that the impugned order be set aside and the Court below be directed to hear both the sides afresh on the next date of hearing of the suit.
The Writ Petition is accordingly disposed off, having set aside the impugned order.
It is made clear that if the petitioner on the next date of hearing of the suit does not address his arguments, the matter shall be taken to have been heard and the suit shall be disposed off.
Sd/- JUDGE DS