THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27539 OF 2018 (GM-CPC) BETWEEN:
SMT. G. TANUJA W/O SRI. LAKSHMIKANTH AGED ABOUT 36 YEARS R/AT. CHOWDESHWARI COLONY 2ND CROSS, M.G. ROAD, TARIKERE TOWN CHIKAMAGALORE DIST-577101.
(BY MR. A. MADHUSUDHANA RAO, ADV.) AND:
1. SRI. T.R. RAMAPRAKASH S/O LATE T.R. SUBBARAO AGED ABOUT 59 YEARS ADVOCATE AND AGRICULTURIST JOISARA BEEDI, TARIKERE TOWN-577101.
2. THE CHIEF OFFICER TARIKERE TOWN MUNICIPALITY TARIKERE-577101.
3. STATE OF KARNATAKA VIDHANA SOUDHA, BANGALORE REP. BY ITS CHIEF SECRETARY.
4. THE DEPUTY COMMISSIONER CHIKKAMANGALORE DISTRICT CHIKKAMANGLORE-577101.
5. THE COMMISSIONER PUBLIC INSTRUCTION DEPARTMENT … PETITIONER (PRIMARY AND SECONDARY EDUCATION BOARD) NRUPATUNGA ROAD, BANGALORE-560009.
6. THE DEPUTY DIRECTOR PUBLIC EDUCATION DEPARTMENT CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR-577101.
7. THE PRESIDENT/SECRETARY CITY EXTENSION TRUST (R) MARKET ROAD CHIKKAMANGLORE-577101.
… RESPONDENTS (BY SMT. SANDHYA JAMADAGNI, ADV., FOR C/R1) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 23-6-2014 PASSED BY THE LEARNED CIVIL JUDGE AND ADDL. JMFC, TARIKERE ON I.A.NO.1 IN O.S.NO.344/2013 PRODUCED AT ANNEXURE-D AND THE IMPUGNED ORDER DATED 15-3-2018 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, TARIKERE IN M.A.NO.18/2014 PRODUCED AT ANNEXURE-F ALLOW THIS WRIT PETITION WITH COSTS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.A.Madhusudhana Rao, learned counsel for the petitioner.
Smt.Sadhya Jamadagni, learned counsel for the respondent No.1.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 23.06.2014 passed by the Civil Judge and Additional JMFC, Tarikere as well as order dated 15.03.2018 passed by the Senior Civil Judge and Principal JMFC, Tarikere.
3. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to file an application under Order 39 Rule 4 of the Code of Civil Procedure, 1908, in view of the subsequent events.
4. In view of the aforesaid submission, the writ petition is disposed of with liberty to the petitioner to move the application under Order 39 Rule 4 of the Code of Civil Procedure. Needless to state that in case such an application is filed, the same shall be dealt with in accordance with law after affording an opportunity of hearing to the parties expeditiously.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV