IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE ALOK ARADHE WRIT PETITION Nos.4136/2019 & 5186/2019(GM-FC) BETWEEN:
SHRI RAGHOTHAM P., AGED ABOUT 36 YEARS, S/O LATE PRAHALADACHAR, NO 1294, ESHAVYASA NILAYA, 6TH MAIN ROAD, 5TH CROSS, K. N. LAYOUT, YESHWANTHAPUR, BANGALORE-560 022.
(BY SRI MANJUNATH B. R., ADVOCATE) AND:
SMT. MAITRI, AGED ABOUT 32 YEARS, W/O RAGHOTHAM, RESIDING AT: NO.56, SRI SRINIVASA NILAYA, HARSHA LAYOUT, KENGERI, BANGALORE 560 060.
... PETITIONER ... RESPONDENT (BY SRI PRAMOD N. KATHAVI, ADVOCATE FOR C/R) …… THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ANNEXURE-A COMMON ORDER DATED 04.01.2019 PASSED ON INTERLOCUTORY APPLICATIONS No.1/2018 AND NO.2/218 IN M.C.NO.1862/2018 PASSED BY THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND THE WRIT PETITION.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Manjunath B.R. learned counsel for the petitioner.
Sri Pramod N. Kathavi, learned counsel for the caveator/respondent.
In the present writ petitions under Article 227 of the Constitution of India, petitioner is assailing the validity of the order dated 04.01.2019 made in M.C.No. 1862/2015, by which, applications preferred by the petitioner under Order XVIII Rule 17 as well as under Section 151 of the Code of Civil Procedure, 1908, have been rejected.
2. The counter filed by the learned counsel for the respondent is taken on record.
3. After arguing for some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the petitions with liberty to challenge the aforesaid order in appeal, if occasion arises.
Accordingly, writ petitions are dismissed as withdrawn, with liberty as aforestated.
Sd/- JUDGE kcm