Writ petition to recall and re-open civil case for cross-examination withdrawn by the petitioner with liberty to revive. Court dismissed the petition as withdrawn and directed refund of interim deposit.
Writ petition dismissed as withdrawn; director refund of Rs.20,000 deposit to petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF FEBRUARY 2022
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.16295 OF 2016 (GM-CPC)
BETWEEN:
MRS. UMA AMARNATH, W/O MR. K. AMARNATH, AGED ABOUT 65 YEARS, FLAT NO.6, FIRST FLOOR, NO.24/2, VINAYAKA RESIDENCY, 6TH CROSS, MALLESWARAM, BANGALORE - 560 003.
...PETITIONER
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)
AND:
2
RESPONDENTS No.2 TO 5 ARE RESIDING AT NO.73, H.B. SAMAJA ROAD, BASAVANAGUDI, BANGALORE - 560 004.
…RESPONDENTS
(BY SRI. M.V. DEVARAJU AND SRI. LOKESH ANJANAPPA, ADVOCATES FOR R-2 AND R-3; SRI. S. GANGADHARA AITHAL AND SRI. AVINASH CHINDU H FOR R-4 AND R-5; V/O DTD.20.10.2016, PETR, R-2 TO R-5 - LRS OF DECD-R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS IN O.S.NO.3954/2010 CLUBBED WITH 7763/2009 PENDING ON THE FILE OF THE HON'BLE CITY CIVIL COURT; AND QUASH THE IMPUGNED ORDER DTD.15.3.2016 PASSED ON I.A.NO.23 TO 26 FILED BY THE PETITIONER UNDER SECTION 151 OF CPC SEEKING FOR RECALLING AND RE-OPENDING THE CASE OF THE DEFENDANTS FOR FURTHER CROSS EXAMINATION DW1 AND DW2 VIDE ANNEX-E AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
3
O R D E R
Learned counsel for the petitioner filed a memo seeking leave of this Court to withdraw the petition, with leave to revive the petition in case the compromise is not reported before the Trial Court.
4
5. Registry is directed to refund the amount of
Rs.20,000/- deposited by the petitioner, in pursuance of the interim order dated 31.03.2016.
SD/JUDGE
GRD
Mrs. Uma Amarnath
Mrs. Pancharathnamma
Mrs. P.R. Nagamani
Mr. P.R. Prashanth
Mr. P.R. Anand
Mr. P.R. Chandan
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
