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.56622 OF 2018 (GM-CPC) Between:
Smt. Kannamma, W/o. Kadappa, Aged about: 71 years, Agriculturist, Durgvara Village-577 522, Kasaba Hobli, Chalalkere Taluk, Chitradurga District. …Petitioner (By Sri.Patel D.Kare Gowda, Advocate) And:
1. Poojari Jayanna, S/o. Poojari Rangappa, Age: 46 years, 2. Poojari Nagaraj, S/o. Poojari Rangappa, Age: 51 years, 3. Suresha, S/o. Bajjappa, Age: 46 years, 4. Ningaraja, S/o. Suresha, Age: 24 years, All are residents of Durgavara Village-577522, Kasaba Hobli, Challakere Taluk, Chitradurga District. ...Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to set aside the order passed by the learned Additional Civil Judge and JMFC, Challakere on I.A.No.Nil dated: 16.11.2018 in O.S.No.232/2012 vide Annexure-F.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R Sri. Patel D Karegowda, learned Counsel for the petitioner.
In this writ petition under Article 227 of the Constitution of India, petitioner has assailed the validity of the order dated 16.11.2018 passed by the trial Court, by which, the application filed by the respondents under Order XXVI Rule 9 of Civil Procedure Code, 1908 has been allowed.
2. After arguing the matter for some time, learned Counsel for the petitioner seeks leave of this Court to withdraw the petition, with liberty to file application for modification of the order dated 16.11.2018.
3. Needless to state that in case such an application is filed, the same shall be dealt with, in accordance with law, by the trial Court.
With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE bkp