IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.45179/2017(GM-CPC) BETWEEN:
SMT. SUBHADRAMMA, D/O. LATE SUBBANNA, AGED ABOUT 50 YEARS, R/AT SHETTEREAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
... PETITIONER (BY SRI CHANDRASHEKARA SWAMY K. B., ADVOCATE) AND:
1. THE EXECUTIVE OFFICER, DEVANAHALLI TALUK PANCHAYATH, DEVANAHALLI, BANGALORE RURAL DISTRICT-562 110.
2. THE SECRETARY VISHWANATHAPURA GRAMA PANCHAYATHI, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
3. SMT. NARAYANAMMA, W/O. DODDAMUNIYAPPA, AGED ABOUT 58 YEARS, R/AT SHETTEREAHALLI VILLAGE, KASABA HOBLI, VISHWANATHAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
4. MUNI NARAYANAPPA @ GOPALAPPA S/O. DODDAMUNIYAPPA, AGED ABOUT 67 YEARS, R/AT DINNESOLUR VILLAGE, VISHWANATHAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
5. MADAPPA, S/O. MUNISHAMI, AGED ABOUT 57 YEARS, R/AT SHETTEREAHALLI VILLAGE, KASABA HOBLI, VISHWANATHAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
6. DODDAMUNIYAPPA, S/O. LATE DODDANAGAPPA, AGED ABOUT 67 YEARS, R/AT SHETTEREAHALLI VILLAGE, KASABA HOBLI, VISHWANATHAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
7. SMT. REDDAMMA D/O. LATE SUBBANNA, AGED ABOUT 49 YEARS, R/AT SHETTEREAHALLI VILLAGE, KASABA HOBLI, VISHWANATHAPURA POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
... RESPONDENTS **** THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.2.2017, VIDE ANNEXURE-J IN O.S.NO.315/2005 PENDING BEFORE THE CIVIL JUDGE AND JMFC, DEVANAHALLI, ON IA FILED UNDER ORDER 6 RULE 17 READ WITH SCTION 151 OF CPC FOR AMENDMENT OF WRITTEN STATEMENNT FILED BY R-3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R After arguing the matter for some time, Sri K.B. Chandrashekar Swamy, learned counsel for the petitioner – plaintiff No.1 seeks permission of the Court to withdraw the writ petition with liberty to the petitioner to approach the trial Court and pursue the learned Judge to pass orders on the application filed by defendant No.3 under Order VI Rule 17 of Code of Civil Procedure.
2. The memo dated 4.12.2017 for withdrawal of the writ petition is placed on record.
Accordingly, the writ petition is disposed of as withdrawn with liberty to the petitioner to pursue the learned trial Judge to pass orders on the application filed under Order VI Rule 17 of Code of Civil Procedure.
Sd/-
JUDGE Gss/-