`IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 28th day of June, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR Writ Appeal No.2150 of 2017 (LR) BETWEEN:
SRI.S.M.KRISHNAPPA S/O LATE MUNISWAMAPPA AGED ABOUT 68 YEARS R/A.SALUNUNASE VILLAGE KAGGALIPURA DHAKALE UTTARAHALLI HOBLI BENGALURU SOUTH TALUK ... APPELLANT (BY SHRI.M.R.RAJAGOPAL, ADVOCATE) AND:
1. SMT.PAPAMMA SINCE DECEASED BY HER L.R. SRI.PRAKASH BABU S/O LATE MUNIYAPPA AGED ABOUT 60 YEARS R/A No.55, 1ST CROSS THAVAREKERE BENGALURU-560 081 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA Dr.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 3. THE LAND TRIBUNAL REPRESENTED BY ITS CHAIRMAN BENGALURU SOUTH TLAUK RAMANAGARA-571 511 4. SRI.B.K.GOVINDARAJU SINCE DEAD BY HIS L.R. SMT.BHARATHI D/O LATE B K GOVINDARAJU AGED ABOUT 25 YEARS R/A No.13, WATSON ROAD BENGALURU-560 001 ...RESPONDENTS (BY SRIMATI.PRAMILA NESARGI, SENIOR ADVOCATE FOR SHRI.D.HEMANTH KUMAR, ADVOCATE FOR RESPONDENT No.1;
SHRI.VIVEK HOLLA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOs.2 & 3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.14292/2009 DATED 21/2/17.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:-
J U D G M E N T Mr M.R. Rajagopal, learned advocate appears for the appellant, submits that he has been instructed not to press the appeal as he has been instructed to file an application for review.
2. As prayed for, the appeal is dismissed as withdrawn.
3. In view of dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.
4. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE cp*