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 NO.56297 OF 2018 (GM-CPC) BETWEEN:
Subbanayaka, Since dead by LR’s 1. Smt. Lakshmamma, Aged about 79 years, W/o late Subbanayaka, 2. Sri. Bangaranayaka, Aged about 66 years, S/o late Subbanayaka, Petitioner Nos.1 and 2 are R/at Basavapura Village, Nayaka Street, Haradanahalli Hobli, Chamarajanagar Taluk, Chamarajanagar District – 571 127. (By Sri.P. Nataraju, Advocate) AND:
1. Sri. Mariguddegowda, S/o Late Chikkamadegowda, 2. Sri. Ramegowda, S/o Late Sannegowda, … Petitioners 3. Sri. Mahesha, S/o Late Nanjegowda, Grandson of Late Madamma, 4. Sri. Puttamadegowda, S/o Late Sannegowda, Respondent Nos.1 to 4 are R/at Basavapura Village, Haradanahalli Hobli, Chamarajanagar Taluk, Chamarajanagar District – 571 127.
5. Sri. Venkataranganayaka, S/o Late Nanjanayaka, 6. Smt. Shivamma, W/o Ramegowda, 7. Sri. Doddamadegowda, S/o Late Puttamadegowda, 8. Sri. Chikkabangaregowda, S/o Puttannegowda, Respondent Nos.5 to 8 are R/at Basavapura Village, Haradanahalli Hobli, Chamarajanagar Taluk, Chamarajanagar District – 571 127.
9. Sri. Puttamadegowda, Aged about 71 years, S/o Ramegowda, 10. Sri. Ramegowda, Aged about 67 years, S/o Ramegowda, 11. Smt. Shivamma, Aged about 59 years, W/o Nanja @ Nanjegowda, 12. Sri. Madegowda, Aged about 41 years, S/o Nanja @ Nanjegowda, Respondent Nos.9 to 12 are R/at Basavapura Village, Haradanahalli Hobli, Chamarajanagar Taluk, Chamarajanagar District – 571 127.
13. Sri. Venkateshanayaka, Aged about 64 years, S/o Late Subbanayaka, R/at Basavapura Village, Nayaka Street, Haradanahalli Hobli, Chamarajanagar Taluk, Chamarajanagar District – 571 127.
… Respondents This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the order passed by the learned Principal Civil Judge and JMFC at Chamarajanagar in O.S.No.222/2007 dated 29.11.2018 on I.A.No.21 vide Annexure-D and may be pleased to allow I.A.No.21 on its file as prayed for, and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. P. Nataraju, 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 the petition with liberty to challenge the order dated 29.11.2018 of the trial Court, if occasion arises.
Accordingly, writ petition is dismissed as withdrawn with liberty as aforesaid.
Sd/- JUDGE Mds/-