IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION Nos.1025-1026/2017 (GM-CPC) BETWEEN:
1. SMT. MANJULA W/O SRI. C. SRIRANGA, AGED ABOUT 44 YEARS, 2. SRI. C. SRIRANGA, S/O LATE CHALUVEGOWDA, AGED ABOUT 58 YEARS, D.NO.790, 12TH MAIN, 1ST CROSS, SARASWATHIPURAM NEAR AKSHAYA BHANDAR MYSURU – 570 016.
(ADDRESS IS AS SHOWN IN THE PLAINT) ACTUAL ADDRESS IS HOUSE No.216, Sy.No.73/3, JANJAR No.258, MANANDAVADI MAIN ROAD, SRIRAMPURA LAYOUT, MYSURU – 570 016. ... PETITIONERS (BY SRI: SRIDHAR A.G., ADVOCATE) AND:
1. SMT. THIMMAMMA W/O LATE MAYANNA, AGED ABOUT 65 YEARS, 2. SRI. M. MAHESHA S/O LATE MAYANNA, AGED ABOUT 36 YEARS, BOTH ARE RESIDING AT PARASAIAHANA HUNDI MANANDAVADI ROAD, SRIRAMPURA MYSURU – 570 016.
3. SMT. MANGALA D/O LATE MAYANNA, W/O SRI. JAYARAM, AGED ABOUT 43 YEARS, R/AT No.168, OLD STREET (HALE BEEDI), SIDDALINGAPURA, MYSURU TALUK – 570 016.
4. SMT. LATHA D/O LATE MAYANNA, W/O SRI. SHIVALINGEGOWDA, AGED ABOUT 41 YEARS, R/AT No.28, 1ST MAIN ROAD, HOOTAGALLI VILLAGE, BELAVADI POST, MYSURU TALUK – 570 016.
5. SRI. RAMESHA S/O LATE MAYANNA, AGED ABOUT 38 YEARS, RESIDING AT NO.180/1, SRIRAMPURA VILLAGE, MYSURU TALUK 570 016. ... RESPONDENTS ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED COMMON ORDER ON I.A.NO.I & III UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC AT ANNEX-A, DTD.17.12.2016 IN O.S.NO.1126/2015 ON THE FILE OF THE HON'BLE III ADDL. SENIOR CIVIL JUDGE & CJM MYSURU BY ALLOWING THE IA.NO.3 FILED BY THE PETITIONERS AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Office has raised an objection with regard to the maintainability of writ petition.
2. Petitioners’ counsel has filed a memo stating that the petitioners may be permitted to withdraw the writ petition with liberty to file an appeal before the jurisdictional court.
3. Memo is perused.
4. Writ petition is dismissed as withdrawn, as it is not maintainable reserving liberty to the petitioners to avail of the appellate remedy, if so advised.
5. Office to return certified copies of the annexures appended to the writ petition to petitioners’ counsel forthwith, subject to filing of copies of the same for the purpose of record.
Sd/- JUDGE S*