IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.34501/2017 (GM-CPC) BETWEEN:
MR. RIYAZ KHAN AGED 47 YEARS S/O KHADER KHAN R/A NO.11, 1ST FLOOR 5TH B CROSS BOOPASANDRA MAIN ROAD R.M.V. NEW EXTENSION BANGALORE – 560 094 ... PETITIONER (BY SRI PUNDIKAI ISHWARA BHAT, ADVOCATE) AND:
1. MRS. KHUTAJA BEE AGED 62 YEARS W/O LATE KHADER KHAN R/AT OLD NO.218/2 NEW NO.58/1, 37TH ‘D’ CROSS 4TH T BLOCK, JAYANAGAR BANGALORE – 560 011 2. MR. ELYAZ KHAN AGED 39 YEARS S/O LATE KHADER KHAN R/AT OLD NO.218/2 NEW NO.58/1, 37TH ‘D’ CROSS 4TH T BLOCK, JAYANAGARA BANGALORE – 560 011 3. MRS. MUBEENA TAJ AGED 37 YEARS W/O SALIM KHAN R/AT OLD NO. 14 C CROSS, 4TH MAIN BISMILLA NAGAR BANGALORE – 560 029 4. MRS. JABEENA TAJ AGED 34 YEARS W/O MUNEER R/AT NO.20/B, 1ST FLOOR RAMANA LAYOUT INDLEBELA ROAD ATTIBELE, ANEKAL BANGALORE RURAL DISTRICT-562 107 5. MR. NAYAZ KHAN AGED 32 YEARS S/O LATE KHADER KHAN R/AT OLD NO.218/2 NEW NO.58/1, 37TH ‘D’ CROSS 4TH T BLOCK, JAYANAGARA BANGALORE – 560 011 6. THE BANGALORE CITY CO-OPERATIVE BANK LTD. NO.3, PAMPA MAHAKAVI ROAD CHAMARAJAPET, BENGALURU – 560 018 REP BY ITS GENERAL MANAGER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.04.2017 PASSED BY THE VII ADDITIONAL CITY CIVIL JUDGE (CCH-8), BENGALURU ON IA NO.III IN O.S.NO.540/2015 AS PER ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
Learned counsel appearing for the petitioner, after arguing the matter for sometime, seeks leave to withdraw the writ petition with liberty to the petitioner/plaintiff to apply before the trial court for a direction to respondent no.6 herein namely, the Bangalore City Co-operative Bank Ltd. to produce the original title deeds alleged to be in its possession. Leave and liberty sought for is granted. If such an application is filed, the trial court shall consider the same in accordance with law at the earliest. The writ petition is accordingly disposed of as withdrawn.
Petition disposed of.
Sd/- JUDGE hkh.