IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.57161 OF 2018 (GM-CPC) Between:
Sri P. Venkatadri, S/o. Yathirajulu Naidu, Aged about 73 years, Residing at Chowdikatte Village, Bilikere Hobli, Hunsuru Taluk, Mysore District – 571 610.
... Petitioner (By Sri Murugesh V. Charati for Sri Manjesh H.M., Advs.) AND 1. Sri Mahadeva Rao Ghatge, S/o. late Venkatarao Ghatge, Aged abut 74 years, Residing at Gavadagere Village & Hobli, Hunsur Taluk, Mysore District – 571 610.
2. Smt. Susheelabai, W/o. late Arjun Rao Kadam, Aged about 75 years, Residing at Gavadagere Village & Hobli, Hunsur Taluk, Mysore District – 571 610.
3. Smt. Lalithabai, W/o. late Krshnoji Rao Babade, Aged about 73 years, Residing at Gavadagere Village & Hobli, Hunsur Taluk, Mysore District – 571 610.
4. Smt. Yashodhabai, W/o. late Eshwar Rao Babade, Aged about 61 years, Residing at Gavadagere Village & Hobli, Hunsur Taluk, Mysore District – 571 610.
5. Smt. Yashodhabai, W/o. late Ram Rao Jadav, Aged about 74 years, Residing at Chodikatte Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 103.
6. Sri Mahadeva, S/o. late Ram Rao Jadav, Aged about 45 years, Residing at Chodikatte Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 103.
7. Sri Girish, S/o. late Sannegowda, Aged about 56 years, Residing at Dasanapura Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 103.
8. Sri Ravikumar, S/o. Mogannegowda, Aged about 54 years, esiding at Dasanapura Village, Bilikere Hobli, Hunsur Taluk, Mysore District – 571 103.
… Respondents This writ petition is filed under Article 227 of the Constitution of India praying to set aside the order on I.A.No.30 dated 29.11.2018 passed by the Civil Judge and JMFC at Hunsur in O.S.No.175/2007 vide Annexure-H.
This writ petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner at length.
2. After arguing the matter for sometime, Sri Murugesh V. Charati, for Sri Manjesh H.M., learned counsel for the petitioner files a memo dated 16.04.2019 seeking to withdraw the writ petition with liberty to the petitioner to file necessary application before the Trial Court to frame additional issues in terms of the averments made in the written statement to the effect that the suit is barred by law.
3. Memo is placed on record.
Writ petition is dismissed as withdrawn with the liberty as prayed for.
PN/-
Sd/- JUDGE.