IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.9096/2019 & 9585/2019 (GM-CPC) BETWEEN:
SRI SARDAR SHARIFF S/O ZAKARIA SHARIFF AGED ABOUT 46 YEARS, R/AT NO.14/1, HOSAHALLI MAIN ROAD, PADARAYANAPURA, BENGALURU - 560 026.
... PETITIONER (BY SRI RAGHAVENDRA N. R., ADVOCATE) AND:
THIMMAIAH SINCE DECEASED BY HIS LRS 1. SRI T.NAGARAJ S/O LATE THIMMAIAH, AGED ABOUT 46 YEARS, R/AT NO.10 AND 11, 4TH MAIN ROAD, METRO LAYOUT, NAYANADAHALLI, BENGALURU - 560 026.
2. HANUMANTHARAYAPPA @ HANUMANTHU, S/O THIMMAIAH, AGED ABOUT 50 YEARS, R/AT NO.10, 7TH CROSS, NEW GUDDADAHALLI BENGALURU - 560 026.
3. SMT. LINGAMMA W/O THIMMAIAH, AGED ABOUT 67 YEARS, R/AT NO.10, 7TH CROSS, NEW GUDDADAHALLI BENGALURU - 560 026.
4. THE STATE OF KARNATAKA REP. BY HIS REVENUE SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001.
5. THE I.T.I. GRUHANIRMAN SAHAKARA SANAGHA DOORAVANI NAGAR, R.M.NAGAR BENGALURU - 560 016 REP. BY HIS SECRETARY BENGALURU - 560 001.
(BY SRI D.R. ANANDEESWARA, HCGP FOR R4) … ... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON IA FILED UNDER ORDER 1 RULE 10(2) READ WITH SECTION 151 OF CPC AND ALSO ORDER PASSED ON IA FILE DUNDER ORDER 26 RULE 9, 13 AND 14 READ WITH SECTION 151 OF CPC, BY THE XLI ADDITIONAL CITY CIVIL JUDGE AT BENGALURU (CCH-42) IN O.S.NO.1610/2008, DATED 11.02.2019, VIDE ANNEXURE-F AND G BY ALLOWING THE ABOVE WRIT PETITION.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned Counsel for the petitioner files a memo seeking leave of the Court to withdraw the writ petitions as they do not survive for consideration.
2. Placing the said memo on record, writ petitions are dismissed as withdrawn with liberty as prayed for.
3. It is needless to observe that all the contentions raised in the present writ petitions can be urged before the Lower Appellate Court, if aggrieved by the decree passed by the trial Court.
Sd/- Judge Nsu/-