IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.28338/2018 (GM – CPC) BETWEEN 1. Sri B Rudrappa Aged about 76 yers s/o Bheemappa r/o Chippinakere Chitradurga Taluk PIN – 577 501 Chitradurga District.
2. Sri S B Basavarajappa Aged about 53 years s/o B Rudrappa r/o Prakruthi Devasamudra Hobli Molakalmuru Taluk PIN – 577 535 Chitradurga District.
3. Sri S R Thippeswamy Aged about 51 years s/o B Rudrappa.
4. Sri S R Nagendrappa Aged about 49 years s/o Sri B Rudrappa.
5. Sri S R Shivakumar Aged about 47 years s/o Sri B Rudrappa.
6. Sri S R Mallikarjunappa Aged about 45 years s/o Sri B Rudrappa.
7. Sri S R Raveendra Aged about 43 years s/o Sri B Rudrappa.
8. Sri S R Ajjayya Aged about 41 years s/o B Rudrappa.
(No.3 to 8 are r/o Chippinakere Chitradurga Taluk, Chitradurga District, PIN – 577 501) ..Petitioners (By Sri Rama Bhat K, Advocate) AND 1. Sri S B Revanna Aged about 72 years s/o Bheemappa r/o Chippinakere Advocate and Agriculturist Chitradurga Taluk Chitradurga – 577 501 Also at 4th Cross (East) J.C.R Extn., PIN – 577 501 Chitradurga Town, Taluk & Dist.
2. Smt.Thippamma Aged about 86 years w/o Dodda Rudrappa d/o Bheemappa r/o Chikkagondanahalli Chitradurga, Taluk & District, PIN – 577 501.
3. Smt.Shivarudramma Aged about 81 years w/o B Nagappa d/o Bheemappa r/o Palavvanahally Hiriyur Taluk PIN – 572 143. .. Respondents (By Sri B M Siddappa, Advocate for R1, R2 and R3 served – unrepresented) This WP is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dated 18.6.2018 Annexure-A passed by the II Addl. Senior Civil Judge and JMFC, Chitradurga in OS No.24/2012 vide Anenxure-A and consequently permit the petitioners to mark the document dated 28.5.1993 produced before the lower Court.
This writ petition coming on for orders this day, the Court passed the following: -
ORDER Learned counsel for the petitioner has filed a memo seeking permission to withdraw the writ petition with liberty to raise all contentions urged in the writ petition as and when necessary as provided in Section 105 of CPC.
Memo is placed on record.
The writ petition is dismissed as withdrawn with liberty as sought for.
In view of dismissal of the writ petition, I.A.No.1/2019 for extension of interim order does not survive for consideration and the same is dismissed.
Bkm Sd/- JUDGE