IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.50 OF 2017 BETWEEN:
1. SMT. SHRUTHI M.S. W/O. R. RAMESH RAJA D/O. M. SIDDAPPAJI AGED ABOUT 30 YEARS R/AT NO.9/1, 2ND CROSS VINOBA COLONY, GIRINAGAR BENGALURU-26.
2. KUM. LIKITHA R.
D/O. R. RAMESH RAJA MINOR REPRESENTING BY HER NATURAL GUARDIAN SMT. SHRUTHI W/O. R. RAMESH RAJA R/AT NO.9/1, 2ND CROSS VINOBA COLONY GIRINAGAR BENGALURU-26. … PETITIONERS (BY SRI. KAMALESHWARA POOJARY, ADVOCATE) AND:
SRI. R. RAMESH RAJA S/O. C. RAMESH AGED ABOUT 37 YEARS R/AT NO.163, II CROSS TEACHERS COLONY CHANDAPURA BENGALURU-81. ...RESPONDENT (BY SMT. T.S. PUSHPA, ADVOCATE) **** THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC A) TO WITHDRAW THE PROCEEDINGS BEARING MC.NO.5/2016 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT ANEKAL AND SAME MAY BE TRANSFERRED TO THE COURT OF 1ST ADDITIONAL PRINCIPAL FAMILY COURT JUDGE AT BENGALURU IN WHICH THE CRIMINAL MISC. PETITION (CRI. MISC) NO.598/2016 FILED BY THE PETITIONERS IS PENDING AND FURTHER DIRECTION TO ADJUDICATE THE ABOVE MATTER IN ACCORDANCE WTH LAW FROM THE STAGE IN WHICH IT IS TRANSFERRED. B) TO PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS TO BE FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned counsel for the petitioners has filed a memo to dismiss the petition with liberty to restore the petition in the event of recalling the order of dismissal dated 04.01.2019 in M.C. No.5/2016 by the Civil Judge (Senior Division), Anekal.
2. The case status report discloses that M.C. No.5/2016 on the file of Senior Civil Judge & JMFC, Anekal, was disposed of on 04.01.2019. As such, granting of liberty to restore the petition in the event of recalling the order of dismissal dated 04.01.2019, does not arise.
3. The civil petition is dismissed, as the same has become infructuous.
Sd/-
JUDGE SJ