In prelim hearing of writ petition challenging civil order, respondent sought withdrawal of appeal to call records. Petitioner had no objection. Petitioner granted liberty to refile. Petition disposed.
Liberty to respondent to refile application to call records from Sub-Registrar's office.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MAY 2022
BEFORE
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.4423 OF 2018 (GM-CPC)
BETWEEN:
1 . SMT. PUSHPA KRISHNA W/O P.M.KRISHNA AGED ABOUT 59 YEARS R/AT NO.1, 9TH MAIN ROAD, 2ND CROSS, IN SURVEY NO.218/A, KATHA NO.766, PID NO.88-32/1, DODDABANASAWADI VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK-43.
2 . SMT. GEETHA S W/O SUDARSANAM T.R. AGED ABOUT 39 YEARS R/AT NO.1, 9TH MAIN ROAD, 2ND CROSS, IN SURVEY NO.218/A, KATHA NO.766/1. PID NO.88-32/1, DODDABANASAWADI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 043.
...PETITIONERS
(BY SRI. D R SUNDARESHA, ADVOCATE)
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AND:
1 . P RADHYSHYAM
S/O LATE PRAKASH KUMAR, AGED ABOUT 51 YEARS R/AT NO.278/A/11, 6TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU-560 011.
2 . SMT. SANGEETHA
D/O KRISHNA, R/AT NO.1, 9TH MAIN ROAD, 2ND CROSS, IN SURVEY NO.218/A, KATHA NO.766/1, PID NO-88-32/1, DODDABANASAWADI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 043.
3 . SMT. SANDHYA KRISHNA
D/O KRISHNA, R/AT NO.1, 9TH MAIN ROAD, 2ND CROSS, IN SURVEY NO.218/A, KATHA NO.766/1. PID NO.88-32/1, DODDABANASAWADI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 043.
…RESPONDENTS
(BY SRI. V.B. SHIVAKUMAR, ADVOCATE FOR R-1 VIDE ORDER DATED 07.02.2020, NOTICE TO R-2 AND R-3 IS HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.8123 OF 2007 PASSED BY THE 5TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE; AND ETC.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
After hearing for some time, learned counsel for respondent No.1 seeks permission to withdraw the application I.A.No.26 filed before the trial Court in O.S.No.8123/2007, with liberty to file a fresh application to call for records from the Sub-Registrar’s office. Learned counsel for petitioners submits no objection for the same.
counsel for respondent No.1, learned counsel for respondent No.1 is permitted to withdraw the application I.A.No.26 filed before the trial Court in O.S.No.8123/2007, with liberty to file a application to call for the records from the Sub-Registrar’s office. In
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case, if the respondent files an application, liberty is reserved to the petitioners to file objections to the said application.
consideration in this writ petition. Accordingly, the writ petition is disposed of.
SD/JUDGE
RD
Smt. Pushpa Krishna & Ors.
P Radhyshyam
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
