IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.5366/2019 (GM-CPC) BETWEEN SRI.C.RAJENDRA, S/O LATE CHIKKAIAH, AGED ABOUT 46 YEARS, PROPRIETOR, M/S BHAGYALAKSHMI ENTERPRISES, # 35, GROUND FLOOR SHOP, 8TH MAIN ROAD, 13TH CROSS, MALLESHWARAM, BENGALURU – 560003. ... PETITIONER (BY SRI.RAJAGOPAL M.R, ADVOCATE) AND SMT.SOWBHAGYA RANGANATH, W/O LATE RANGANATH.D, AGED ABOUT 69 YEARS, # 35, 13TH CROSS, 8TH MAIN ROAD, MALLESHWARAM, BENGALURU – 560003. ... RESPONDENT (BY SRI.C.M.NAGA BHUSHAN & SRI.K.S.UDAY, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.01.2019 PASSED ON I.A.BY THE LEARNED II ADDITIONAL JUDGE & 28TH ACMM, COURT OF SMALL CAUSES, BENGALURU IN S.C.NO.350/2016 AS PER ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The counsel for the petitioner having vociferously argued the matter on law and having been convinced that the Forum now chosen is not appropriate, seeks leave to withdraw the Writ Petition with liberty to make the impugned order a ground for challenge in appeal if and when he suffers an adverse decree as provided under section 105 read with Order XLIII Rule 1A of CPC, 1908.
Leave having been granted, writ petition stands disposed off with liberty as sought for.
Sd/- JUDGE cbc