IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL PETITION NO.65 OF 2019 BETWEEN:
SMT.SHWETHA SHREE G, W/O PUNITH B, D/O GIRIRAJAIAH, AGED ABOUT 28 YEARS, R/AT SRIRANGA NILAYA, 16TH CROSS, NANDISH LAYOUT, SIT EXTENSION, KUVEMPUNAGARA, TUMKUR – 572 183. …PETITIONER (BY SRI.VIRUPAKSHAIAH P.H, ADVOCATE) AND:
SRI PUNITH B, S/O B.LINGANNA, AGED ABOUT 31 YEARS, R/O NO.102, M.B.R.SAPPHERE, 5TH CROSS, JYOTHINAGARA, GOTTIGERE, BANNERGHATTA ROAD, BENGALURU – 560083. ...RESPONDENT (BY SRI. M.L.GOWDA, ADVOCATE) **** THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE CASE BEARING M.C.NO.167/2017 PENDING BEFORE THE II ADDITIONAL PRL.SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND TO PASS AN ORDER TRANSFERRING THE SAME FROM II ADDITIONAL PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU TO FAMILY COURT, TUMAKURU AND TO DISPOSE OF THE MATTER IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Counsel for the respondent has filed a memo stating that the respondent husband has filed an application under Section 151 before the Family Court to withdraw the M.C.No.167/2017. Hence the present civil petition do not survive for consideration. In view of the interim orders passed in this civil petition, the Family Court has not passed any orders on the said application.
2. Considering the submission of the counsel for the petitioner and the counsel for the respondent, the interim orders granted in this civil petition is vacated. The II Additional Civil Judge (Senior Division), Bangalore Rural District, Bangalore, is directed to consider the application filed by the petitioner husband for withdrawal of the petition and pass necessary orders.
3. Accordingly, the civil petition is disposed of.
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JUDGE ykl