IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.23197/2019 (GM-CPC) Between:
Smt. Thimmakka W/o. Late Sri. Narasimhaiah, Aged about 82 years, R/o. No.1095, 4th Main Road, 12th Cross, M C Layout, Vijayanagar, Bengaluru – 560 040.
… Petitioner (By Sri. M.V. Hiremath, Advocate) And 1. Smt. Ramakka W/o. Late Sri. Muniswamy, Aged about 69 years, No.18/1, I Main Road, III Cross, A K Colony, Vijayanagar, Bengaluru – 560 040.
2. Smt. Lakshmi Devi M D/o. Late Sri. Muniswamy, Aged about 42 years, No.18/1, I Main Road, III Cross, A K Colony, Vijayanagar, Bengaluru – 560 040.
3. Sri. Subhash A., S/o. Late Sri. Ananthu & Smt. Lakshmi Devi M., Aged about 22 years, No.18/1, I Main Road, III Cross, A K Colony, Vijayanagar, Bengaluru – 560 040.
4. Kum. Nethravathi A Alias Nethra A, D/o. Late Sri. Ananthu & Smt. Lakshmi Devi M., Aged about 20 years, No.18/1, I Main Road, III Cross, A K Colony, Vijayanagar, Bengaluru – 560 040.
5. Smt. Manjula M., D/o. Late Sri. Muniswamy, W/o. Late Sri. Nagaraj, Aged about 40 years, No.18/1, I Main Road, III Cross, A K Colony, Vijayanagar, Bengaluru – 560 040.
6. Sri. Lakshmi Narayana M., S/o. Late Sri. Muniswamy, Aged about 36 years, No.18/1, I Main Road, III Cross, A K Colony, Vijayanagar, Bengaluru – 560 040.
7. Smt. Ganga Devi M., D/o. Late Sri. Muniswamy, W/o. Sri. Narasimha Murthy, Aged about 34 years, No.18/1, I Main Road, III Cross, A K Colony, Vijayanagar, Bengaluru – 560 040.
8. M/s. Bindu Promoters & Developers, No.30/4, 46th Cross, IV Block, Rajajinagar, Bengaluru – 560 010. Represented by its Managing Director Sri. Jayesh Z Shah.
… Respondents This writ petition is filed under Article 227 of the Constitution of India praying to quash the order dated 17.07.2018 passed by the XLI Additional City Civil Judge, Bengaluru (CCH-42) on IA No.1 in O.S.No.6431/2017 as per Annexure-L by issue of writ in the nature of certiorari or any other writ or direction as the case may be and etc.
This petition coming on for Orders this day, the court made the following:-
ORDER The Writ Petition is disposed off as having been withdrawn with liberty to file appeal as sought for in terms of Memo.
Registry shall return the impugned order to the petitioner, forthwith.
It is needless to mention that the period spent in the prosecution of this Writ Petition shall be discounted while computing the period for filing the appeal.
Sd/- JUDGE DS