IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.32289/2017(GM-CPC) BETWEEN:
1. SMT. R. RAJESHWARI, W/O. LATE SRI. R. SURESH, AGED ABOUT 47 YEARS, 2. KUM. MADHUSHREE. S. D/O. LATE SRI. R. SURESH, AGED ABOUT 24 YEARS, BOTH ARE RESIDING AT NO.123, 3RD CROSS, 2ND STAGE, MARUTHI TEMPLE ROAD, GANGOTHRI LAYOUT, MYSORE.
... PETITIONERS (BY SRI G. S. VENKAT SUBBA RAO, ADVOCATE) AND:
1. SRI. B. VIJAY KUMR JAIN, S/O. B. M. JAIN, AGED ABOUT 57 YEARS, 2. SRI. B. UMED RAJ JAIN, S/O. B.M. JAIN, AGED ABOUT 46 YEARS, 3. SMT. LEELA V. JAIN, W/O. B. VIJAY KUMAR JAIN, AGED ABOUT 55 YEARS, 4. SMT. RATHNA U. JAIN, W/O. B. UMED RAJ JAIN, AGED ABOUT 45 YEARS, 1 TO 4 ARE C/O. JAIN RANKA & CO., NO.4, 2ND CROSS, SOJI STREET, MYSORE-570 001.
5. SRI. WAJID PASHA, TUFFWUD GOLD, MAJOR, LIFE LINK’S PLYWOOD, GLASS, HARDWARE, #4, "THE ROYAL CROWN BUILDING", ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570 001.
6. SRI. M. SURESH GLASS HOUSE, PROPRIETOR: OM PRAKASH, MAJOR, #2, "THE ROYAL CROWN BUILDING", ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570 001.
7. SRI. RAKESH HARDWARE, PROP: KAMLESH BAROLA, MAJOR, #3, "THE ROYAL CROWN BUILDING", ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570 001.
8. SRI. VASIULLA ANSARI, AICON SUMBERSIBLE PUMPS, MAJOR, COIMBATORE MOTOR & SPARES, #1, "THE ROYAL CROWN BUILDING, ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570001.
9. THE MANAGER, BATA SHOE STORE, "THE ROYAL CROWN BUILDING", ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570 001.
10. SRI. B. S. S. RAO, CHIEF MANAGER, MAJOR, BANK OF INDIA, MAIN BRANCH, MYSORE, #10-14, "THE ROYAL CROWN BUILDING", ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570 001.
11. VASANTHI ANAND, MANAGER, MAJOR, CANARA BANK, ASHOKA ROAD BRANCH, "THE ROYAL CROWN BUILDING, OPP: BIG CLOCK TOWER, MYSORE-570 001.
12. CHANDRAKALA, MANAGER, MAJOR, CANARA BANK, MICRO FINANCE BRANCH, "THE ROYAL CROWN BUILDING", ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570 001.
13. ANAND, CHINA BAZAR IN CELLAR, MAJOR, "THE ROYAL CROWN BUILDING", ASHOKA ROAD CORNER, OPP: BIG CLOCK TOWER, MYSORE-570 001.
... RESPONDENTS …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.6.2017 PASSED BY THE II ADDITIONAL CIVIL JUDGE [SR.DN] & CJM AT MYSURU ON I.A.NO.7 IN O.S.NO.264/2015 VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, learned counsel for the petitioners seeks to withdraw the writ petition with liberty to approach the Trial Court with a prayer to proceed with the suit, since the suit is for ejectment.
2. The memo is placed on record.
3. Writ Petition is dismissed as withdrawn with liberty as prayed for.
4. In view of the peculiar facts and circumstances of the case, the Trial Court is directed to expedite the suit itself, in accordance with law.
Sd/-
JUDGE kcm