IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No. 2109/2017 (GM-CPC) BETWEEN:
SRI. RAMA SHETTY, S/O LATE SESHAMMA SHEDTHI, AGED ABOUT 51 YEARS, RESIDING AT JADDIMULI AJRI VILLAGE, KUNDAPURA TALUK, UDUPI(DIST). PIN:
... PETITIONER (BY SRI JAYAKARA SHETTY H., ADVOCATE) AND:
1. BASAVA SHETTY, S/O MANJAYYA SHETTY, AGED ABOUT 71 YEARS, RESIDING AT JADDIMULLI AJRI VILLAGE, KUNDAPURA TALUK, UDUPI (DIST). PIN:
2. NARAYANA SHETTY, AGED ABOUT 68 YEARS 3. J. GULABI SHEDTHI, AGED ABOUT 62 YEARS, 4. SHASHIDARA SHETTY, AGED ABOUT 46 YEARS 5. M. GULABI SHETTY, AGED ABOUT 48 YEARS 6. ASHOKA, AGED ABOUT 40 YEARS 7. VENUGOPALA, AGED ABOUT 36 YEARS 8. SMT. SUMANA, AGED ABOUT 34 YEARS 9. SMT. VARIJA SHEDTHI, AGED ABOUT 58 YEARS 10. SHIVARAMA SHETTY, AGED ABOUT 54 YEARS 11. VASNTHA SHETTY, AGED ABOUT 48 YEARS 12. GULABI SHEDTI, AGED ABOUT 58 YEARS 13. RAGHAVENDRA, AGED ABOUT 36 YEARS 14. SMT. SHOBHA, AGED ABOUT 36 YEARS 15. SADASHIVA SHETTY, AGED ABOUT 54 YEARS RESPONDENT’S NO.2 TO 15 ARE ALL RESIDING AT JADDIMULLI, AJRI VILLAGE, KUNDAPURA TALUK, UDUPI (DIST)PIN:
... RESPONDENTS (BY SRI CHANDRANATH ARIGA K., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER ANNEXURE-A DATED 23.11.2016 MADE IN I.A.NO.V FILED UNDER ORDER 20 RULE 18 C.P.C. IN F.D.P. NO.4/2013 COURT OF SENIOR CIVIL JUDGE, KUNDAPURA AND KINDLY ALLOW THE I.A.NO.V FILED BY THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER After arguing the matter for some time, Sri Jayakara Shetty, learned counsel for the petitioner files a memo seeking to withdraw the writ petition, with liberty to the petitioner to make fresh application before the Trial Court along with the required stamp duty under Section 35 of the Karnataka Court Fee and Suits Valuation Act.
2. The memo is taken on record.
3. The writ petition is dismissed as withdrawn, with liberty as prayed for.
Sd/- JUDGE kcm