IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.12638 OF 2017 (GM – CPC) BETWEEN :
SRI.VENKATARAMANAPPA, S/O LATE DONNE BALEKRISHNAPPA, AGED ABOUT 58 YEARS, R/AT MUTKOOR VILLAGE, M.M.SANDRA POST, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE DISTRICT.
REPRESENTED BY HIS SPECIAL POWER OF ATTORNEY HOLDER, SRI.S.KRISHNAPPA, S/O LATE SUBBAIAH, AGED 61 YEARS, R/AT DODDATHIMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT. (BY SRI.RAJANNA L., ADV.) AND:
1. SRI.MUNIYAPPA, SINCE DECEASED BY LRS., 1(a) SRI.RANGAMMA, W/O LATE MUNIYAPPA, ... PETITIONER AGED ABOUT 60 YEARS, 1(b) NARASIMHAMURTHY M, S/O MUNIYAPPA, AGED ABOUT 37 YEARS, 1(c) USHA, D/O MUNIYAPPA, AGED ABOUT 34 YEARS, 1(d) UMA, D/O LATE MUNIYAPPA, AGED ABOUT 31 YEARS, 1(e) SRINIVASA MURTHY, S/O LATE MUNIYAPPA, AGED ABOUT 29 YEARS, ALL ARE RESIDING AT MUTHKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT.
( BY SRI G.PAPI REDDY, ADV., FOR R1(a TO e)) …RESP0NDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DATED 03.03.2017 IN O.S.NO.65/2012 ON THE APPLICATION FILED UNDER ORDER III RULE 2(a) READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE PASSED BY THE LEARNED ADDL.CIVIL JUDGE AND JMFC, HOSAKOTE, VIDE ANNEXURE – F AND CONSEQUENTLY PERMIT THE SPECIAL POWER OF ATTORNEY HOLDER OF THE PETITIONER TO DEPOSE ON BEHALF OF THE PETITIONER IN O.S.NO.65/2012.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER After arguing the matter for sometime, Sri. Rajanna. L, learned counsel for petitioner seeks permission to withdraw the petition reserving liberty to the original defendant to file necessary application under Order 3 Rules 1 & 2 CPC. Memo filed to that effect is placed on record.
2. The writ petition is dismissed as withdrawn reserving liberty to the original defendant to file necessary application under Order 3 Rules 1 & 2 CPC, before the trial court. If such an application is filed, the trial court shall consider the same and pass necessary orders in accordance with law.
Np/-
Sd/- JUDGE