IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56085 OF 2018 (GM-CPC) Between:
Sri.N.Mani, S/o. Late Nanjappa Gounder, Aged about 57 years, R/at Farm House, Uddanuru Village-571 439.
Chamarajanagar District. … Petitioner (By Sri. Srinivas.V, Advocate) And:
1. Sri. Rachashetty, S/o. Late Na. Kenchashetty, Aged about 75 years, R/at Bellathuru Village-571 439, Chamarajanagar District.
2. Sri.Kumara, S/o. Rachashetty, Aged about 33 years, R/at Bellathuru Village, Kollegala Taluk-571439, Chamarajanagar District, At present: Metagalli, Mysore.
3. Smt.Mahadevamma, W/o. Rachashetty, Aged about 35 years, R/at Bellathuru Village, Kollegala Taluk-571439, Chamarajanagar District.
4. Sri.R.Puttaswamy, S/o. Rachashetty, Aged about 39 years, 5. Kumari Lakshmi, D/o.R.Puttaswamy, Aged about 11 years.
6. Manoj.R, S/o.R.Puttaswamy, Aged about 8 years, Respondent Nos.5 and 6 are represented by minor children their Natural Guardian Mother, Smt. Puttaswamy, W/o.R.Puttaswamy, Respondent Nos.4 to 6 R/at Bellathuru Village, Kollegala Taluk-571439, Chamarajanagar District.
7. Sri.V.Nataraju, S/o. Late Venkataramana Naidu, R/at Ramamandira Beedi, Hanuru Town-571439, Kollegala Taluk, Chamarajanagara District.
8. Sub-Registrar, Hanuru Sub-Registrar Office, Kollegala Taluk-571439, Chamarajanagara District.
9. Addl. Thasildar, Hanuru-571439, Kollegala Taluk, Chamarajanagara District.
10. Assistant Commissioner, Office of the Assistant Commissioner, Kollegala Taluk-571439, Chamarajanagara District.
11. Deputy Commissioner, Chamarajanagara District, Jilla Adalitha Bhavana-571439, Chamarajanagara.
12. The State of Karnataka, Vidhana Soudha, Dr.Ambedkar Veedi, Bengaluru-560 001.
By its Chief Secretary.
… Respondents **** This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dated 9.11.2018 passed in O.S.No.24/2013 on the file of the Sr.Civil Judge and JMFC at Kollegal vide Annexure-F to the Writ Petition and consequently allow the I.A.No.X filed under Order 1 Rule 10(2) of CPC.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Mr. Srinivas V., learned counsel for the petitioner.
2. Learned counsel for the petitioner after arguing the matter to some extent, seeks leave of the Court to withdraw the writ petition with a liberty to challenge the order dated 09/11/2018 in appeal, if need arises.
3. Accordingly, the writ petition is dismissed as withdrawn with liberty as aforesaid.
BMV* Sd/- JUDGE