IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.39269 OF 2018 (GM-CPC) BETWEEN:
1. SMT. GANGAMMA @ LAXMIDEVI W/O. LATE H.C. NARAYANASWAMY, AGED ABOUT 54 YEARS HOUSE HOLD WORK.
2. SMT. MANJULA, D/O. LATE H.C. NARAYANASWAMY, W/O. BASAVARAJA AGED ABOUT 37 YEARS C/O. PETITIONER NO.1.
3. SRI. N. CHANDRASHEKARA S/O. LATE H.C. NARAYANASWAMY, AGED ABOUT 35 YEARS AGRICULTURIST AND MASONRY WORK.
4. SRI. N. KUMAR, S/O. LATE H.C. NARAYANASWAMY AGED ABOUT 33 YEARS MASONRY WORK.
ALL ARE RESIDENTS OF GORAVINAKALLU VILLAGE KASABA HOBLI HOSADURGA TALUK – 577 527.
… PETITIONERS (BY SRI. K. GURUDHATTA, ADVOCATE FOR SRI.BALARAJ A.C., ADVOCATE) AND:
1. SMT. A. CHANDRAMMA, W/O. LATE K. CHANDRAPPA AGED ABOUT 84 YEARS C/O. L. MALLIKARJUNA 2ND STREET, NEAR HATTI MARAMMA TEMPLE, CHITRADURGA TOWN – 577 501.
2. SMT. H.C. NAGARATHNAMMA, W/O. ASHWATHAMAIAH, AGED ABOUT 64 YEARS, ASSISTANT MASTER, KARIVINAKATTE CIRCLE CHITRADURGA TOWN – 577 501.
3. SMT. C. LALITHAMMA, W/O. L. MALLIKARJUNA, AGED ABOUT 59 YEARS HOUSE-HOLD WORK, 2ND STREET, NEAR HATTI MARAMMA TEMPLE, BURUJANAHATTY, CHITRADURGA TOWN – 577 501.
4. SMT. C. ANUSUYAMMA W/O. REVANASIDDAPPA, AGED ABOUT 56 YEARS ASSISTANT MASTER, GOVT. HIGHER PRIMARY SCHOOL KEREKONDAPURA VILLAGE MOLAKALMURU TALUK – 577 501.
5. THE TAHSILDAR, TALUK OFFICE, HOSADURGA TALUK HOSADURGA – 577 527. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC, HOSADURGA IN O.S.NO.101/2009 DT.19.7.2018 VIDE ANNEUXRE H AND BE PLEASED TO DIRECT THE TRIAL COURT TO DECIDE THE ISSUE NO.7 FRAMED IN THE ABOVE SUIT AS PRELIMINARY ISSUE REGARDING PECUNIARY JURISDICTION OF THE HON’BLE COURT AND FOR PASSING ORDERS THEREON VIDE ANN.J. DT.1.6.2013.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. K.Gurudhatta, learned Counsel for the petitioners.
Sri.Balaraj.A.C., learned Counsel for the petitioners has filed a Memo seeking permission to retire from the petition. The aforesaid Memo is accepted and Sri.Balaraj.A.C. is permitted to retire from the petition.
2. Heard on the question of admission.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 19.7.2018 passed by the trial Court.
4. After arguing the matter to some extent and in view of the fact that the proceeding in the suit are already fixed for petitioners’ arguments on 17.01.2019, learned counsel for the petitioners seeks leave of this Court to withdraw the writ petition, with liberty to assail the order dated 19.7.2018 in an appeal, if occasion arises.
5. Needless to state that the petitioners shall be at liberty to raise the argument with regard to pecuniary jurisdiction on the basis of the material available on record before the trial Court and the trial Court shall deal with the aforesaid contention of the petitioners.
Accordingly, petition is disposed of, with liberty as aforesaid.
Sd/- JUDGE bkp