IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA WRIT PETITION NO.39855 OF 2014 (GM-CPC) BETWEEN:
CHIKKANNA S/O. CHITTAPPA, AGED ABOUT 49 YEARS, MUNICIPAL COUNCILLOR, RESIDING AT MADHUGIRI TOWN, MADHUGIRI-572101.
(BY SRI G. S. VENKAT SUBBARAO, ADV.) AND:
1. GOWTHAMI D/O. M.S. OMKARSWAMY, AGED ABOUT 17 YEARS.
... PETITIONER 2. SANJAY S/O. M.S. OMKARSWAMY, AGED ABOUT 13 YEARS.
RESPONDENTS NO.1 AND 2 ARE MINORS REPRESENTED BY NATURAL MOTHER AND NEXT FRIEND M.S. KAVITHA, W/O. M.S. OMKARSWAMY, AGED ABOUT 37 YEARS, RESIDING AT P.L.D. BANK MAIN ROAD, 4TH CROSS, K.R.EXTENSION, MADHUGIRI-572132.
3. M.S. OMKARSWAMY S/O. S.N. SHIVANNA, AGED ABOUT 44 YEARS, RESIDENT OF K.R. EXTENSION, MADHUGIRI TOWN, MADHUGIRI-572132.
4. M.S. RAGHUNATH S/O. SATYANARAYANA SETTY, AGED ABUOT 41 YEARS, RESIDENT OF 3RD BLOCK, K.R.EXTENSION, MADHUGIRI TOWN, MADHUGIRI-572132.
... RESPONDENTS (BY SRI SATISH M. DODDAMANI, ADV. FOR R-1 & 2; SRI CHETHAN B., ADV. FOR R-4; & NOTICE TO R-3 IS DISPENSED WITH VIDE ORDER DATED 10-4-2017) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 5-8-2014 PASSED BY THE CIVIL JUDGE (SR.DN.) AT MADHUGIRI IN O.S.NO.8 OF 2010 ON I.A.NO.10 UNDER ORDER VII RULE 11 OF C.P.C. VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION NO.10 UNDER ORDER VII RULE 11 OF C.P.C. ON THE FACTS AND CIRCUMSTANCE OF THE CASE.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner’s counsel submits that the suit out of which this writ petition arose has been disposed of by the trial Court and hence the petitioner may be permitted to withdraw the petition.
Memo is perused.
Writ petition is dismissed as withdrawn. Liberty is reserved to the petitioner to take up all contentions, that have been taken up in this writ petition, in an appeal to be filed by the petitioner herein, if so advised.
Sd/- JUDGE kvk