IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.21761/2013(GM-CPC) 1. S. SIDDALINGASWAMY SON OF LATE SRI S SHIVANNA AGED ABOUT 41 YEARS 2. SMT. SUNDARAM W/O LATE SRI S SHIVANNA AGED ABOUT 70 YEARS BOTH RESIDING AT NO.8, T. S. LANE, AKKIPET, BANGALORE-560053 (BY SRI D.R. BALU, ADVOCATE FOR SRI B. N. JAYADEVA, ADVOCATE) AND:
1. SMT. S. SUVARNA D/O LATE S. SHIVANNA AGED ABOUT 54 YEARS NO.28, 7TH CROSS 6TH BLOCK, 2ND STAGE (OPP BDA COMPLEX) NAGARABHAVI, BANGALORE-72.
2. SMT S. MANJULA D/O LATE S SHVIANNA AGED ABOUT 50 YEARS NO.64, 1ST C MAIN ROAD VIJAYANAGAR 2ND STAGE BANGALORE-40.
... PETITIONERS 3. SMT S. NAGARATHNAMMA D/O LATE S. SHIVANNA AGED ABOUT 73 YEARS NO. 613, 1ST FLOOR 7TH MAIN ROAD D GROUP LAYOUT SRIGANDADHA KAVAL (BEHIND SRIDHANTHA CHIKITHSALAYA) BANGALORE-91.
4. SRI S SHIVASWAMY S/O LATE S SHIVANNA AGED ABOUT 56 YEARS NO.2142/1, 3RD MAIN RPC LAYOUT, VIJAYANAGAR BANGALORE-40.
5. S NANJUNDASWAMY S/O LATE S SHIVANNA AGED ABOUT 59 YEARS NO.14/1, R B LANE AKKIPET, BANGALORE-53. BANGALORE.
6. SRI C. R. AMARNATH, S/O SRI C. V. RATHNAM AGED ABOUT 67 YEARS NO.21, 3RD CROSS 4TH MAIN, VINAYAKA LAYOUT VIJAYANAGAR, BANGALORE 7. SRI C R JAGADISH SON OF SRI C V RATHNAM AGED ABOUT 71 YEARS NO.78, 22ND CROSS VIJAYANAGAR BANGALORE-40 8. SRI C V ASHOKKUMAR S/O SRI C R VENUGOPAL AGED ABOUT 61 EYARS NO.5, RATHNASRI, SUBBANNA GARDEN VIJAYANAGAR BANGALORE-40.
9. SRI C A AJAYKUMAR SON OF SRI C. R. AMARNATH AGED ABOUT 21 YEARS NO.21, 3RD CROSS, 4TH MAIN VINAYAKA LAYOUT, VIJAYANAGAR, BANGALORE-40.
... RESPONDENTS (BY SRI H K HONNEGOWDA, ADVOCATE FOR R1; SRI G.B. NANDISH GOWDA, ADVOCATE FOR SRI R.B. SADASIVAPPA, ADVOCATE FOR R4;
SRI B.R. VISHWANATH, ADVOCATE FOR R7 TO R9; R9 IS LR OF DECEASED R6;
R2, R3, R5 ARE SERVED BUT UNREPRESENTED) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 31.1.13 IN FDP NO. 89/1997 PASSED ON THE FILE OF V ADDITIONAL CITY CIVIL JUDGE BANGALORE AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ION ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter at length, Sri D.R. Babu, learned Counsel for the petitioners files a memo seeking leave of the Court to withdraw the writ petition with liberty to file an appeal as contemplated along with an application exclusive of time for the delay, if any, in view of the objection raised by the learned Counsel for the respondents about maintainability of the writ petition.
2. Placing the said memo on record, writ petition is dismissed as withdrawn with liberty as prayed for.
3. Office is directed to return the certified copy of the impugned order to the learned Counsel for the petitioners and also to remit the records forthwith.
Sd/- Judge Nsu/-