IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO. 40680/2017 (GM-CPC) BETWEEN:
1. SMT. VIJAYALAKSHMAMMA D/O LATE VENKATAPPA W/O K.CHANNAKRISHNAPPA AGED ABOUT 52 YEARS RESIDIGN AT HONNAGHATTA KASABA HOBLI DODDABALLAPUR TALUK – 561 203 2. SMT. JANAKAMMA D/O LATE VENKATAPPA W/O K.C.RAMESH AGED ABOUT 48 YEARS RESIDING AT KOOGENAHALLI DODABELAVANGALA HOBLI DODDABALLAPUR TALUK – 561 203 ... PETITIONERS (BY SRI. S.V.SHASTRY AND SRI. RAVINDRANATH.K. ADVS.) AND:
1. SRI. K.V. ASHWATHANARAYANASWAMY S/O LATE VENKATAPPA AGE: MAJOR RESIDING AT KODIGEALLI KASABA HOBLI DODDABALLAPUR TALUK – 562 103 2. SMT. BHAGYAMMA D/O LATE VENKATAPPA W/O RAVI @ EREGOWDA AGE: MAJOR RESIDING AT NERALAGHATTA KASABA HOBLI DODDABALLAPUR TALUK – 561 203 3. SRI. SHIVARUDRAIAH S/O V.C.APPA AGE: MAJOR RESIDING AT KODIGEHALLI KASABA HOBLI DODDABALLAPUR TALUK – 561 203 4. SRI. KEMPEGOWDA S/O BYREGOWDA, AGE:MAJOR, RESIDENT AT KODIGEHALLI KASABA HOBLI DODDABALLAPUR TALUK – 561 203 5. SRI.NANJEGOWDA S/O DODDAIAH AGE:MAJOR, RESIDING AT NERALAGHATTA KASABA HOBLI DODDABALLAPUR TALUK-561 203 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ALLOWING THE APPLICATION FILED UNDER ORDER-VII RULE-11 READ WITH SECTION 151 OF CPC FILED BY THE RESPONDENT NO.3 PASSED IN O.S.NO.7/2016, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT DODDABALLAPUR VIDE ANNEXURE-G DATED 31.07.2017 AND CONSEQUENTLY RESTORE THE SUIT.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo stating that he may be permitted to withdraw the petition with liberty to file Regular Appeal before the concerned Court.
2. The memo is placed on record.
3. Accordingly, writ petition is disposed off in terms of the memo filed.
4. Office is directed to return the file to the petitioner forthwith.
Sd/- JUDGE JS