IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.16073/2019 (GM-CPC) Between:
1. Sri.Mohammad Taher S/o Late Sheikh Ahamad, Aged about 73 years, R/at C/o Srikantha H.M, 1st Cross, Tank Mohalla, Shivmogga – 577 201.
2. Sri.Mohammed Anwar S/o Late Sheikh Ahamad, Aged about 75 years, R/at No.1480, 1st Main, 2nd Cross, Judicial Layout, GKVK Post, Bengaluru – 560 065. Rep. by a GPA Holder, Sri.Mohammed Taher.
(By Sri.Ramachandra.H, Adv.) And:
1. Sri.Suresh S/o late Gangappa, (also called Rangappa) 2. Sri.Uddaiah S/o late Rangappa … Petitioners 3. Smt.Geetha W/o Late Manjunatha 4. Smt.Gangamma W/o Late Gollappa, All are residing at:
Srigere, Ayanur Hobli, Shivmogga Taluk – 577 201.
5. Sri.Mohammed Hidayathulla S/o late Sheikh Ahmed @ Ahmed Jan R/at Bilvaderkoppa, Sirigere Post, Aynaur Hobli, Shivamogga Taluk – 577 201.
... Respondents *** This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the impugned order dated 21.03.2019 passed by the 3rd Additional Civil Judge and JMFC, Shivamogga in O.S.No.773/2018 under Annexure-K on the I.A.No.II filed by the petitioners under Order 26 Rule 9 read with 151 of CPC and etc.
This Writ Petition coming on for preliminary hearing this day, the court made the following:
ORDER After arguing the matter for some time, learned counsel for the petitioners seek to withdraw the writ petition with liberty to file an application under Order 26 Rule 9 of the Code of Civil Procedure before the trial Court after completion of evidence on both the sides if any ambiguity arises.
Accordingly, the writ petition is dismissed as withdrawn with the above said liberty.
Sd/- JUDGE PN/-