IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION No.17373/2017(GM-CPC) BETWEEN :
Sri Muniyellappa S/o late Kakappa Aged 46 years R/o Bilekahalli Village Begur Hobli, Bengaluru South Bengaluru-560 076.
…Petitioner (By Sri K.S.Manjunath, Advocate) AND :
Sri Manohar S/o Sri Rangaswamy Aged about 40 years R/o # “Dwaraka Nilaya” Sarjapur, Sarjapura Post Anekal Taluk Bangalore-125.
…Respondent This writ petition is filed under Article 227 of the Constitution of India praying to declare that the impugned order dated 13.4.2017 on I.A.No.1 in O.S.No.7659/2014 on the file of the learned XXXIX Additional City Civil Judge, Bengaluru at Annexure-A is invalid and deserves to be set aside and the I.A.No.1 need to be allowed.
This writ petition coming on for orders this day, the Court made the following:-
O R D E R A memo is filed seeking withdrawal of the writ petition.
Memo is placed on record. Writ petition is dismissed as withdrawn.
Registry is directed to return the Certified Copy of the order dated 13.4.2017 ‘Annexure-A’ forthwith, on same being substituted by a photocopy of an order.
In the event of petitioner assailing the said order in an appeal, the time spent by the petitioner before this Court in prosecuting the present writ petition from 24.04.2017 till date shall stand excluded.
Sd/- JUDGE *AP/-