Writ petition filed under Articles 226 and 227 to quash a survey report and impugned order. Court permitted withdrawal reserving liberty to challenge the order under Section 96 of CPC, subsequently dismissing the petition.
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1
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2019 BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.107468 OF 2018 (GM-CPC)
BETWEEN
... PETITIONERS
(BY SRI.H M DHARIGOND, ADV.)
AND
SMT. KALAWWA W/O YALLAPPA KURI AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: MADLUR VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI.
... RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REPORT DATED: 20.07.2017 SUBMITTED BY THE TALUKA SURVEYOR UNDER NO.FDP/24/2016-17 VIDE ANNEXURE-C AND IMPUGNED ORDER DATED;20.07.2017 PASSED IN FDP NO.16/2016 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC SAUNDATTI VIDE ANNEXURE-K.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
The counsel for the petitioners submit that an appeal would lie against the impugned order under Section 96 of CPC. In light of the said submission, petitioners are permitted to withdraw the petition reserving liberty to challenge the impugned order in accordance with law. Accordingly, petition is dismissed .
Time spent before this Court in prosecuting the proceedings, to be taken note of while considering the aspect of delay in challenging the impugned order.
SD/JUDGE
Hmb
Smt Laxmawwa W/o Basavaraj Kuri
Kumari Ningawwa D/o Basavaraj Kuri
Kumari Yashoda D/o Basavaraj Kuri
Smt. Kalawwa W/o Yallappa Kuri
S. Sunil Dutt Yadav
As recorded by the court registry
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