IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE B.VEERAPPA W.P.NO.55796/2014 (GM-CPC) BETWEEN:
SRI.S.KRISHNAN S/O.SHYAM MANDRI AGED ABOUT 74 YEARS RESIDING AT IDK 53/B HUTHA COLONY BHADRAVATHI-577 001.
… PETITIONER (BY SRI.MANJUNATHA PATTANASHETTY, ADV.) AND:
1. GOLLA YADHAVA SANGHA ® NEW OWN, KRISHNA MANDIRA VISL HOSPITAL ROAD BHADRAVATHI REPRESENTED BY SRI.K.N.MEGHARAJ S/O.K.P.MANJAPPA MACT AJOR, PRESIDENT.
2.STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU.
… RESPONDENTS (BY SRI.V.R.BALARAJ, ADV. FOR SRI.SHOWRI H.R., ADV FOR R-1, SRI.SHIVA REDDY, AGA FOR IMPLEADING APPLICANT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE PRL.CIVIL JUDGE (JR DN) AND JMFC AT BHADRAVATHI IN O.S.NO.NIL DATED 15-11-2014 VIDE ANNEXURE-A BY CALLING UPON THE RECORDS IF NECESSARY, AND TO ALLOW THE WRIT PETITION IN THE ENDS OF JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER I.A.No.1/2016 is filed to implead the Government to assist the Court.
2. Accepting the cause shown in the affidavit accompanying the application, the application is allowed.
3. Sri.Shiva Reddy, learned Government Pleader assisted the Court with regard to Court fee and submits that prayer sought in the plaint and the valuation slip clearly indicate that the plaintiff has sought for cancellation of Gift Deed. If that is so, the provisions of Section 38 of the Karnataka Court Fees and Suits Valuation Act attracts. Therefore, the trial Court is justified in directing the plaintiff to pay the court fee.
4. Sri.V.R.Balaraj, learned counsel appearing on behalf of Sri.Showri H.R., learned counsel appearing for the first respondent sought to justify the order passed by the trial Court.
5. At this stage, Sri.Manjunatha Pattanashetty, learned counsel appearing for the petitioner after arguing the matter at length submits that the court fee has already been paid. If that is so, the very prayer sought in the present writ petition becomes infructuous. Hence, he files a memo seeking leave of this Court to withdraw the writ petition, with liberty to the petitioner to pursue the suit in accordance with law.
6. The memo is placed on record. The learned counsel for the petitioner is permitted to withdraw the writ petition.
7. Accordingly, the writ petition is dismissed as withdrawn, in view of the memo.
Sd/- JUDGE mpk/-*