IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL REVISION PETITION NO.8 OF 2017 (M) BETWEEN:
SMT.PREMA, W/O SRI.KRISHNAMURTHY, AGED ABOUT 51 YEARS, RESIDENT OF NO.714, 3RD STAGE, 3RD BLOCK, 8TH MAIN, BASAVESHWARANAGAR, BENGALURU – 560079, REPRESENTED BY SPECIAL POWER OF ATTORNEY HOLDER, SRI.KRISHNAMURTHY. …PETITIONER (BY SRI.ANANT MANDGI, SENIOR COUNSEL FOR SRI CHETAN B, ADVOCATE) AND:
SRI.DAYANANDA, S/O T.GIRIYAPPA, AGE ABOUT 51 YEARS, RESIDENT OF NO.42, 16TH CROSS, 8TH MAIN ROAD, MALLESHWARAM, BENGALURU-56055. ...RESPONDENT (BY SRI.REUBEN JACOB, ADVOCATE) 2 THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 18 OF THE KARNATAKA SMALL CAUSES COURT ACT, 1964 READ WITH SECTION 115 OF CPC, AGAINST THE ORDER DATED 04.01.2016 PASSED IN MIS.NO.130/2013 ON THE FILE OF THE XIX ADDL. SCJ AND MACT., (SCCH-17) BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER ORDER XX RULE 12 OF CPC., FOR MESNE PROFITS.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo seeking permission to withdraw the petition with liberty to file suit for damages as pleaded in the petition.
2. Considering the submission of the counsel, memo is placed on record.
3. The civil revision petition is dismissed as withdrawn, reserving liberty to file original suit for damages, if permissible under law.
Sd/- JUDGE SJ