IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE W.P.No.55585/2018 (GM-CPC) BETWEEN:
Smt. Shivamma, W/o B.C.Chandra Mouli Aradhya, Aged about 70 years, R/at Bychapura village, Kasaba Hobli, Gouribidanur Taluk – 561 208. … PETITIONER (By Sri Naveenaradhya.S. & Hareesh Bhandary, Adv.) AND:
Smt. Chandrakala, D/o Srikantaiah, W/o Chandrashekar Radya, Aged about 30 years, R/at D.No.3797, Court Road, Doddaballapur – 561 203. … RESPONDENT This writ petition is filed under Article 227 of the Constitution of India, praying to quash the order on IA-1/2018 dated 29.10.2018 made in Ex.No.18/2017 by the Senior Civil Judge & JMFC at Gauribidanur, vide Annexure-A.
This petition coming on for Preliminary Hearing, this day, the Court made the following:
ORDER In this petition under Article 227 of the Constitution of India, petitioner has assailed the order dated 29.10.2018 passed by the Executing Court, by which the objection preferred by the petitioner under Order XXI Rule 58 of the Code of Civil Procedure, 1908, has been summarily rejected on the ground that no warrant of attachment in respect of immovable property had been issued.
2. After arguing the matter to some extent, learned Counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to file a fresh objection with regard to release of the movable property, which according to the petitioner has been attached by virtue of the order dated 21.04.2018. Needless to state that in case such an objection is filed, the Executing Court shall deal with the same in accordance with law. Accordingly, petition is disposed of.
Sd/- JUDGE KK