IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.56766-70 OF 2018 (GM-CPC) BETWEEN:
1. Sri. M. Shafi, S/o Late Bada Abdul Gafoor Sab, Aged about 69 years, 2. Smt. Jaithunnisa, W/o M. Shafi Ahammed Saheb, Aged about 59 years, 3. Sri. Mohammed Rafiq, S/o M. Shafi Ahammed Saheb, Aged about 35 years, 4. Sri. Mohammed Yousuff Saheb, S/o M. Shafi Ahammed Saheb, Aged about 33 years, 5. Sri. Mohammed Asif, S/o M. Shafi Ahammed Saheb Aged about 32 years, The petitioner Nos.1 to 5 are Residing at Alahalli Village, Anjanapura Post, Uttarahalli Hobli, Bengaluru South Taluk-560062 (By Sri. Anjaneya A.B, Advocate) … Petitioners AND:
1. Smt. Zaibunnisa, W/o late M.Nissar Ahamed, Aged about 73 years, 2. Sri. Munavar Pasha, S/o late M. Nissar Ahmed, Aged about 55 years, 3. Sri. Mohammed Arifulla, S/o late M. Nissar Ahmed, Aged about 52 years, 4. Sri. Mohammed Hafizulla, S/o late M. Nissar Ahamed, Aged about 50 years, 5. Sri. Mohammed Zabiulla, S/o late M. Nissar Ahamed, Aged about 45 years, 6. Sri. Mohammed Zaiulla, S/o late M. Nissar Ahamed, Aged about 43 years, 7. Sri. Mohammed Khader, S/o late M. Nissar Ahamed, Aged about 35 years, Respondent Nos.1 to 7 are Residing at No.86, Alahalli Village, Anjanapura Post, Uttarahalli Hobli, Bengaluru South Taluk-560 062.
… Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 05.12.2018 passed on IA file under Order XXVI Rule 9 read with Section 151 of Code of Civil Procedure by the petitioners in O.S.No.1048/2007 pending before the II Additional Civil Judge Bengaluru Rural District at Bengaluru vide Annexure-G and consequently direct the Hon’ble Trial Court to consider the IA filed under Order XXVI Rule 9 read with Section 151 of Code of Civil Procedure vide Annexure-B in O.S.No.1048/2007 and etc.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Anjaneya A.B, learned counsel for the petitioners.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. After arguing the matter to some extent, learned counsel for the petitioners seeks leave of this Court to withdraw these petitions with liberty to file appropriate application before the trial Court.
Accordingly, writ petitions are dismissed as withdrawn with liberty as aforesaid.
Sd/- JUDGE Mds/-