IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.31682 OF 2017 (GM-CPC) BETWEEN:
SMT. SUKANYA, W/O SRI. NAGARAJU, AGED ABOUT 39 YEARS, RESIDING AT NILAVAGALU VILLAGE, KASABA HOBLI, HUNSUR TALUK, MYSORE DISTRICT. ... PETITIONER (BY SRI. DHANANJAYA C.P, ADVOCATE) AND:
1. SMT. YASHODHA, W/O LATE THAMMAIAH, AGED ABOUT 53 YEARS, R/AT NEELAVGILU VILLAGE, HUNSUR TALUK, MYSORE DISTRICT.
2. SMT. SHAILAJA, D/O LATE THAMMAIAH, W/O KRISHNEGOWDA, AGED ABOUT 29 YEARS, R/AT JAVANIKUPPE VILLAGE, PERIYAPATNA TALUK, MYSORE.
3. SRI. ABIJITH, S/O LATE THAMMAIAH, AGED ABOUT 27 YEARS, R/AT NEELAVGILU VILLAGE, HUNSUR TALUK, MYSORE DISTRICT.
4. SRI. SOMANNA, S/O LATE PUTTASWAMYGOWDA, AGED ABOUT 51 YEARS, R/AT NILAVAGALU VILLAGE, KASABA HOBLI, HUNSUR TALUK, MYSORE DISTRICT.
5. SMT. RAJAMANI, W/O BOMMARAYEGOWDA, AGED ABOUT 49 YEARS, D/O LATE PUTTASWAMYGOWDA, R/AT BEKYA VILLAGE, PERIYAPATNA TALUK, MYSORE.
6. SMT. AARATHI, W/O PAPEGOWDA, AGED ABOUT 43 YEARS, D/O LATE PUTTASWAMYGOWDA, R/AT HARALAHALLI VILLAGE, HANGOD HOBLI, HUNSUR TALUK, MYSORE.
7. KUMARI BINDU, D/O LATE MOTAPPA, AGED ABOUT 17 YEARS, MINOR REP. BY MINOR GUARDIAN GRAND FATHER SRI. H.M.SWAMY, S/O MOGANNEGOWDA, AGED 58 YEARS, R/AT HEBATUR, KEMPEGOWDANAKOPPLU, KASABA HOBLI, PERIYAPATNA TALUK, MYSORE. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.5.2017 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC HUNSUR ON I.A.VI/2015 IN O.S.206/2013 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a Memo dated 09.10.2019 seeking leave to withdraw the Writ Petition as not maintainable.
The Memo is taken on record. Leave is accorded; Writ Petition is disposed off as being not maintainable, with liberty to file Civil Revision Petition or Appeal as the case may be. Registry to return the impugned order forthwith after retaining a copy thereof in the file.
It is needless to mention that the period spent in the prosecution of this writ petition shall be discounted while computing the period of limitation prescribed by law for availing the alternative remedy of challenge.
Sd/- JUDGE cbc