IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.20335 OF 2014 (GM-CPC) BETWEEN:
SRI. B.N. MURTHY S/O LATE BASAVACHAR AGED ABOUT 48 YEARS R/AT. UGANAVADI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BANGALORE-562101. … PETITIONER (By Mr. M. PRAKASHA, ADV., FOR Mr. N.R. NAIK, ADV.,) AND:
1. SMT. JAYAMMA D/O LATE BASAVACHAR AGED ABOUT 56 YEARS.
2. SRI. B. KRISHNACHAR S/O LATE BASAVACHAR AGED ABOUT 52 YEARS.
3. SRI. ARASANAHALLI MUNISWAMAPPA S/O LATE BYRAPPA AGED ABOUT 80 YEARS R/AT UGANAVADI VILLAGE, KASABA HOBLI DEVANAHALLI TALUK-562101.
4. SRI. M.K. VENKATAPPA S/O LATE KARIYAPPA AGED ABOUT 80 YEARS.
5. SRI. SRINIVAS MURTHY S/O SRI. M.K. VENKATAPPA AGED ABOUT 60 YEARS.
6. SRI. V. VENKATESH S/O SRI. M.K. VENKATAPPA AGED ABOUT 55 YEARS.
7. SRI. V. GOVINDARAJU S/O SRI M.K. VENKATAPPA AGED ABOUT 50 YEARS.
ALL ARE RESIDING AT UGANAVADI VILLAGE, KASABA HOBLI DEVANAHALLI TALUK-562101.
8. M/S. PURUVANKARA PROJECTS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.227. S V ROAD, BANDRA WEST MUMBAI-400050 AND HAVING ITS BANGALORE OFFICE AT NO. 130/1, ULSOOR ROAD BANGALORE-560042 REP. BY ITS AUTHORIZED SIGNATORY MR J HARSHAVARDHANA.
… RESPONDENTS (By Mr. ABHINVA ANANAD, ADV., FOR R5 (ABSENT) R1, R2, R4, R6, R7 AND R8 SERVED & UNREPRESENTED) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash and set aside the order dated 4-4-2014 on I.A.No.4 to bring legal representative of third respondent into the suit in O.S.No.116/12 on the file of Senior Civil Judge and JMFC, Devanahalli vide Annex-E and etc.
This Writ Petition coming on for Orders this day, the Court made the following:-
ORDER After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with a liberty to file an application under Order I Rule 10 of the Code of Civil Procedure, 1908 before the Trial Court. Needless to state that in case such an application is filed, the same shall be dealt with in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS