IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.51157 OF 2017 (GM-CPC) BETWEEN Vishwanathiah, S/o H.S. Adaveeshiah, Aged about 60 years, Residing at No.-2, 1st Main Road, 3rd Cross, Yeshwanthpur, Bangalore – 560 022. … Petitioner (By Sri. Dharmesh, Advocate for Sri. Sharath Gowda G.B., Advocate) AND 1. Smt. Jayamma Aged about 72 years, W/o late Dr. Shamanna, Residing at Chikabanavara Village, Yeshwanthpur Hobli, Bangalore North Taluk.
2. S. Eshwar Aged about 56 years, S/o B. Shamaihah, Residing at No.57, Gokula 1st Stage, 1st Phase, 3rd Cross, HMT Layout, 1st Division, Mathikere, Bangalore.
3. B. Siddaiah @ Siddesh .B Aged about 63 years, 4. B. Renuka Prasad, Aged about 59 years 5. B. Vasanth Kumar Aged about 65 years 6. B. Murthyanjaya Aged about 61 years 7. B. Ramesh Aged about 57 years 8. B. Vijayalakshmi Aged about 55 years Respondents 3 to 8 are Children of late Smt. Tekamma And late Beeraiah and are residing at No.26, 1st Main, Gayathrinagar, Housing Layout, West of Chord Road, 3rd Stage, Basaveshwarnagar, Bangalore – 560 079.
9. B.S. Govardhan Aged about 72 years, W/o late Dr. Shamanna Residing at Chikabanavara Village, Yeshwanthpur Hobli, Bangalore North Taluk. … Respondents (By Sri. Ravi H.K., Advocate FOR C/R-5) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 27.10.2017 on IA in Order XVI, Rule 1 and 2 of CPC r/w 151 of CPC passed by the II Additional Senior Civil Judge, Bangalore Rural District at Bangalore in O.S. No.2615/2005 c/w O.S. No.2302/2005 at Annexure-A and etc., This writ petition coming on for Preliminary Hearing this day, the court made the following:
ORDER After arguing the matter for some time, Sri.Dharmesh, learned counsel appearing for Sri.Sharath Gowda, for the petitioners submits that in view of the controversy raised by the learned counsel for the respondent that the very application and prayer is filed under wrong provision of law, he may be permitted to withdraw the petition with liberty to file proper application.
The memo is placed on record.
Accordingly, the writ petition is dismissed as withdrawn with liberty to file fresh application in accordance with law. If such an application is filed, the Trial Court shall consider the same in accordance with law.
Sd/- JUDGE MBM