IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11530 OF 2015 (GM-CPC) BETWEEN:
G.S. NARAYANA RAO SINCE DEAD BY LR’S.
1(a) SMT. LEELA BAHI W/O LATE G.S. NARAYANA ROA AGED ABOUT 70 YEARS R/AT. AJJAMPURA TOWN AJJAMPURA, TARIKERE TALUK CHIKKAMAGALORE-577228.
1(b) G.N. MANJUNATH S/O LATE G.S. NARAYANA RAO AGED ABOUT 50 YEARS R/AT. SURESH SILK TEXTILE, J.C. ROAD OPP. TO MARIKAMBA TEMPLE, SAGARA.
1(c) G.N. GIRISH S/O LATE G.S NARAYANA RAO AGED ABOUT 48 YEARS.
1(d) G.N. GEETHA W/O H.B. DEVANANDA D/O LATE G.S. NARAYANA RAO AGED ABOUT 42 YEARS.
BOTH ARE R/AT. NEHRU ROAD AJJAMPURA, TARIKERE TALUK CHICKMAGALUR-577228.
(AMENDMENT CARRIED AS PER ORDER DATED 24-10-2017) (By Mr. RAKSHIT K.N. ADV.) … PETITIONERS AND:
1. S. SADASHIVAPPA S/O SIDDAMALLAPPA AGED ABOUT 62 YEARS R/AT AJJAMPURA TOWN AJJAMPURA HOBLI TARIKERE TALUK CHIKKAMAGALURU-577 228.
2. K.G. JYAKUMAR S/O K. CHANNABASAPPA AGED ABOUT 70 YEARS AJJAMPURA TOWN AJJAMPURA, TARIKERE TALUK CHIKKAMAGALURU-577 228.
3. R. SHANKARAPPA S/O RAMANNA AGED ABOUT 74 YEARS AJJAMPURA TOWN AJJAMPURA, TARIKERE TALUK CHIKKAMAGALURU-577 228.
… RESPONDENTS (By Mr. SADASHIVA, ADV., FOR R1 TO R3 (ABSENT)) - - -
This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the order passed by the learned Addl. Civil Judge & JMFC, at Tarikere in O.S.No.118/2009 on I.A.No.4 dated 11.2.2015 vide Annx-A, allow the application on I.A.No.4, award costs to pass such other order or direction that this Hon’ble Court deems fit to grant in the interest of justice & equity and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Mr.Rakshit K.N., learned counsel for the petitioner. None for the respondent.
After arguing the matter to some extent, learned counsel for the petitioners seeks leave of the Court to withdraw the petition with a liberty to challenge the impugned order in an appeal, if occasion so arises.
Accordingly, petition is dismissed as withdrawn.
Office is directed to forward a copy of this order to the Trial Court.
Accordingly, petition is disposed of.
Sd/- JUDGE SS