IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.27545/2018 (GM-FC) BETWEEN:
1. SMT.SHYLAJA W/O. S.R.KRISHNAMURTHY AGED ABOUT 32 YEARS 2. MASTER JEEVAN S/O. S.R.KRISHNAMURTHY AGED ABOUT 14 YEARS 3. KUMARI. HARSHITHA D/O. S.R.KRISHNAMURTHY AGED ABOUT 12 YEARS PETITIONER NOS.2 AND 3 ARE MINORS AND ARE REPRESENTED BY 1ST PETITIONER BEING MOTHER AND NATURAL GUARDIAN AND ALL ARE R/O. CHIKKASETTY SANTHEKERENAHALLI VILLAGE SINGATAGERE HOBLI – 577140 CHICKMAGALUR DISTRICT …PETITIONERS (BY SRI. D.C.JAGADEESH, ADVOCATE) AND:
SRI. S.R.KRISHNAMURTHY S/O. RANGASETTY AGED ABOUT 42 YEARS OCC:AGRICULTURIST R/O. SINDIGERE VILLAGE & POST LAKYA HOBLI – 577101 CHICKMAGALUR DISTRICT …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE CASE ON HAND FROM THE FILE OF COURT BELOW ON PERUSE THE SAME AND QUASH THE IMPUGNED ORDER DTD.20.12.2017 PASSED IN CRL.MISC. NO.12/2016 BY THE PRINCIPAL JUDGE, FAMILY COURT AT CHICKMAGALURU VIDE ANNX-C AS THE SAME IS ILLEGAL AND UNSUSTAINABLE IN LAW.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. D.C.Jagadeesh, learned counsel for the petitioners.
2. The learned counsel for the petitioners seeks leave of this court to withdraw this writ petition with liberty to file an appeal under Section 19(4) of the Family Court Act, 1984.
3. In view of the aforesaid submission, the office is directed to return the certified copy of the impugned order to the learned counsel for the petitioners on substitution thereof by a photo copy.
4. Needless to state that in case the petitioners files an appeal, petitioners shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
With the aforesaid liberty, the petition is disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE HJ