IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.57245/2018 (GM – CPC) BETWEEN:
G.NARAYANA S/O GOVINDAPPA, AGED ABOUT 50 YEARS, PROPRIETOR, ANNAPOORNESHWARI BAKERY, NEAR S.N. CIRCLE, SAGAR 577 401, SHIVAMOGGA DISTRICT ... PETITIONER [BY SRI S.V.PRAKASH, ADV.] AND:
H.M.RAGHAVENDRA S/O H.L.MANJUNATHAPPA, NEAR SRI KRISHNA GARAGE, UNITED CO. ROAD, SAGAR-577 401, SHIVAMOGGA DISTRICT … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 07.11.2018 PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, SAGAR IN OS.NO.230/2015 REJECTING I.A.NO.IV FILED BY HIM SEEKING APPOINTMENT OF COURT COMMISSIONER UNDER ORDER XXVI RULE 9 OF CODE OF CIVIL PROCEDURE, 1908 PRODUCED AS PER ANNEXURE-F TO THE WRIT PETITION.
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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioner has filed a memo seeking withdrawal of the writ petition. However, liberty is sought to challenge the impugned order as a ground of appeal in the event of the decision in the suit goes against the petitioner as provided under section 105 of the CPC.
2. The memo is placed on record.
3. The memo to the extent of withdrawing the writ petition is accepted. However, it is always open to the petitioner to urge all the grounds available in accordance with law in the appeal proceedings.
With the aforesaid observations, the writ petition stands dismissed as withdrawn.
Sd/- JUDGE PMR