IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 51912 OF 2014 (GM-CPC) BETWEEN:
SMT PONNAMMA SINCE DEAD BY HER LR SRI NATARAJA SINCE DEAD, REPRESENTED BY 1. SMT. PADMA, W/O LATE NATARAJA, AGED ABOUT 48 YEARS, 2. ANITHA D/O LATE NATARAJA, AGED ABOUT 24 YEARS, 3. ANIL, S/O LATE NATARAJA, AGED ABOUT 22 YEARS, ALL ARE RESIDENTS OF MALAVAGOPA VILLAGE, NIDIGE HOBLI, SHIMOGA CITY – 577201.
AMENDED V.C.O DATED 11.07.2016.
… PETITIONERS (BY SRI. S V PRAKASH, ADVOCATE) AND:
1. SMT PAVANAMMAL, W/O C KESHAVAN, AGED 60 YEARS, R/O MALAVAGOPPA VILLAGE, NIDIGE HOBLI, SHIMOGA CITY-577201.
2. C KESHAVAN, S/O CHINNARAJU, AGED 72 YEARS, R/O MALAVAGOPPA VILLAGE, NIDIGE HOBLI, SHIMOGA CITY-577201.
… RESPONDENTS (BY SRI. B V RAMMOORTHY, ADVOCATE FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.1.2013 PASSED BY THE COURT OF 4TH ADDL. CIVIL JUDGE & JMFC, SHIVAMOGGA ON I.A.NO.5 IN EXECUTION NO.5/2006 VIDE ANNX-H TO THE W.P.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners have filed a memo dated 31.07.2019 seeking leave to withdraw the writ petition so that they can lay a challenge to the impugned order dated 17.01.2013 by filing a regular appeal since it is a deemed decree in terms of Order XXI Rule 103, having been made on the Obstructor’s application filed under order XXI Rules 99, 100 & 101 of CPC, 1908.
2. The memo is taken on record. The writ petition is disposed off as having withdrawn with liberty as to file the appeal, as sought for in the Memo. The Registry shall return the impugned order to the petitioner forthwith, after retaining a copy thereof in the file.
It is needless to mention that the period spent in the prosecution of this writ petition shall be discounted while computing the period of limitation prescribed for filing of the appeal against the impugned order.
All contentions of the parties are left open.
Sd/- JUDGE Bsv