IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.50038 OF 2019 (GM-CPC) BETWEEN:
1. SRI.RAMESH, S/O LATE YELLAPPA, AGED ABOUT 51 YEARS, 2. SRINIVAS 2@ VIJAY KUMAR, S/O LATE YELLAPPA, AGED ABOUT 53 YEARS, 3. SMT. VIJAYA, W/O RAMESH, AGED ABOUT 43 YEARS, ALL ARE R/AT NO.239, OUTER RING ROAD, BELLANDURU VILLAGE, NEAR SREERAMA TEMPLE, BANGALORE – 560 103.
... PETITIONERS (BY SRI.S.G.HEGDE, ADVOCATE) AND:
SRI.B.N.VASUDEVA REDDY, S/O B.P.NARAYANA REDDY, AGED ABOUT 70 YEARS, R/AT BELLANDURU VILLAGE, BANGALORE – 560 103.
... RESPONDENT (BY SRI.SAMPATH A., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 27.09.2019 PASSED ON I.A. IN O.S.NO.7940/2009 ON THE FILE OF XXXVII ADDITIONAL CITY CIVIL JUDGE (CCH 38) BANGALORE ANNEXURE – E AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Having heard the matter for some time, this Court grants leave to withdraw the writ petition with liberty to make the impugned order one of the grounds for challenging the judgment & decree, if and when made adverse to his interest in terms of Section 105 r/w Order XLIII Rule 1A of C.P.C. 1908.
Petition is disposed off accordingly keeping open all contentions and remedies that avail in law.
Sd/- JUDGE PSG