IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.3462/2019(GM-CPC) SRI. H N SHASHIKUMAR, S/O LATE NARAHIMHIAH AGED ABOUT 45 YEARS R/AT 9TH CROSS, HALLAHALLI, NEAR KALUVE, MANDYA CITY – 56.
(BY SRI PRATHEEP K. C., ADVOCATE) AND:
M. E. SHANKARA S/O EREGOWDA AGED ABOUT 51 YEARS R/AT HALAHALLI BADAVANE , KALUVE ROAD, MANDYA CITY – 56.
(BY SRI H.C. SHIVARAMU, ADVOCATE) … ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 02.01.2019 ON THE APPLICATION FILED UNDER ORDER 26 RULE 10 A OF CPC IN O.S.NO.148/2017 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE & CJM AT MANDYA (ANNEXURE-F).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Counsel for the petitioner files a memo stating that the main suit itself has been disposed of and hence, the present writ petition may be dismissed as not pressed with liberty to raise all the grounds urged in this writ petition in an appeal to be filed by the petitioner.
2. The said memo is taken on record.
3. In view of the memo, writ petition is dismissed as not pressed with liberty to the petitioner to raise all the contentions urged in the present writ petition in an appeal to be filed against the judgment and decree passed by the trial Court in accordance with law.
Sd/- Judge Nsu/-