IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH , 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.49955/2017(GM-CPC) BETWEEN:
SRI HYDER BASHA, SON OF BABUJ SAB, AGED ABOUT 61 YEARS, RESIDING AT NO.15/2, 4 ‘D’ CROSS, BYATARAYANAPURA LAYOUT, BENGALURU-560026.
... PETITIONER (BY SRI BHUVAN K. P., ADVOCATE) AND:
1. SMT. SHAHTAJ, W/O LATE MOHAMMED SAB JAN, AGED ABOUT 62 YEARS, 2. SRI. MOHAMMED DASTAGIR, S/O LATE MOHAMMED SAB JAN, AGED ABOUT 37 YEARS, 3. SMT. AKHILA D/O LATE MOHAMMED SAB JAN AGED ABOUT 30 YEARS, 4. SRI. MOHAMMED SHABBIR, S/O LATE MOHAMMED SAB JAN, AGED ABOUT 30 YEARS, ALL ARE RESIDING AT NO.735/1, 7TH CROSS, GANGUNDANAHALLI, MYSORE ROAD, BANGALORE-560039.
5. THE ASST. EXECUTIVE ENGINEER CHANDRA LAYOUT (SUB-DIVISION), WARD NO.39, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560039.
... RESPONDENTS **** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.10.2017 PASSED IN THE IA NO.4 IN OS NO.6113/2015 BY THE LEARNED XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AS PER ANNEXURE-F AND THEREBY TO ALLOW THE APPLICATION FILED BY THE PETITIONER, UNDER ORDERI-RULE-10[2] READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R After arguing the matter for some time, learned counsel for the petitioner filed memo to withdraw the writ petition with liberty to pursue his remedy in terms of the observations made by the trial Court in the impugned order.
Accordingly, the writ petition is dismissed as withdrawn with liberty sought for.
Sd/-
JUDGE Gss/-