IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY 2017 BEFORE THE HON’BLE MR.JUSTICE JAYANT PATEL WRIT PETITION NO.61857/2016 (GM-CPC) BETWEEN U P ARUN AGED ABOUT 59 YEARS, S/O. LATE. U S PADMAJI RAO, D.NO. 56, VI CROSS, RAVINDRANAGAR, SHIVAMOGGA-577201.
... PETITIONER (BY SRI VINAYA KEERTHY M, ADVOCATE) AND 1.U P SHANKAR RAO AGED ABOUT 61 YEARS, S/O. LATE U.S. PADMAJI RAO, 2.ANASUYA BAI AGED ABOUT 81 YEARS, D/O. LATE. U.S. PADMAJI RAO, SL NOS 1 & 2 ARE RESIDENTS OF SITE NO. 4, OPP: CANARA BANK, BEHIND MRF TYRES SHOW ROOM, KUVEMPU ROAD, SHIVAMOGGA-577201.
3.U P VATSALA AGED ABOUT 66 YEARS, D/O. LATE U.S. PADMAJI RAO, 4.U P JAYALAXMI AGED ABOUT 65 YEARS, D/O. LATE U.S. PADMAJI RAO, SL.NOS.3 & 4 ARE RESIDENTS OF # 164, GROUND FLOOR, V MAIN, CHAMARAJAPET, BENGALOORU 560018 5.SUNITHA AGED ABOUT 58 YEARS, W/O U P SHANKAR RAO, SITE NO.4, OPP: CANARA BANK, BEHIND MRF TYRES SHOW ROOM, KUVEMPU ROAD, SHIVAMOGGA-577201.
6.G N RAVI AGED ABOUT 50 YEARS, S/O. G. NANJUNDAPPA, SITE NO.4, GROUND FLOOR, OPP: CANARA BANK, BEHIND MRF TYRES SHOW ROOM, KUVEMPU ROAD, SHIVAMOGGA-577201.
7.THE MANAGER-CUM-OFFICER-IN-CHARGE RELIGARE SECURITIES, SITE NO. 4, OPP: CANARA BANK, BEHIND MRF TYRES SHOW ROOM, KUVEMPU ROAD, SHIVAMOGGA-577201.
8.U S MOHANDAS AGED ABOUT 69 YEARS, S/O U P SHANKAR RAO, GANGA NIVAS, II CROSS, V MAIN, SAPTHAGIRI EXTN, T P KAILASAM ROAD, TUMAKURU-572101.
... RESPONDENTS THIS WRIT PETITION FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.9.11.2016 PASSED BY LEARNED II ADDL. SR. CIVIL JUDGE, SHIVAMOGGA DISMISSING IA.NO.39 IN O.S.NO.109/10 VIDE ANNE-E THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Mr.Vinaya Keerthy. M, learned Counsel for the petitioner seeks permission to withdraw the present petition with a view to file appropriate application for discovery and/or production of the documents pertaining to the rental income etc.
2. Without expressing any opinion on merits permission granted. Writ petition is disposed of as withdrawn.
3. However, it is observed that if any application is filed, rights and contentions of both the sides shall remain open to be considered in accordance with law.
Sd/- JUDGE JT/-