IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION No.46438 OF 2017 (GM-CPC) BETWEEN :
SHARATH.B.P S/O. LATE B.S.PARAMESH, AGED 37 YEARS, R/A NO.9, 1ST FLOOR, 1ST CROSS, N.S.IYENGAR STREET, SESHADRIPURAM, BENGALURU-560020.
(BY SRI. CHETAN NAG S., ADV.) AND :
1. B. JAYALAKSHMI, W/O. DR.MURTHY, AGED 56 YEARS, R/A NO.505, 2ND STAGE, 4TH ‘C’ CROSS, KALYANANAGARA, HRBR LAYOUT, BENGALURU-560072.
2. WASIM UR REHMAN, S/O. LATE ABDUL RAWAF, AGED 53 YEARS, R/A NO.13, 2ND CROSS, ...PETITIONER - 2 -
1ST PHASE, 2ND STAGE, CHANDRA LAYOUT, VIJAYANAGARA, BENGALURU-560040.
…RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/VACATE THE IMPUGNED ORDER DATED 04.10.2017 PASSED BY THE HON’BLE CCH-63 AT BENGALURU ON I.A.1 UNDER ORDER 39 RULE 1 & 2 OF CPC FILED BY THE R-1 IN O.S.3745/2017 AT ANNEX-F AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The learned counsel for the petitioner has filed a memo for withdrawal of the writ petition with liberty to prefer an appeal against the impugned order as contemplated under CPC.
Memo is placed on record. Writ petition is dismissed as withdrawn with liberty as prayed for.
Sd/- JUDGE sd