The petitioner sought to withdraw a writ petition under Articles 226 and 227 of the Constitution following the dismissal of the underlying civil suit for non-prosecution. The High Court dismissed the writ petition as withdrawn.
The writ petition stands dismissed as withdrawn. Liberty to file a fresh petition if the underlying dismissal order is recalled.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE Mrs. JUSTICE K.S. HEMALEKHA
WRIT PETITION No.50372/2018 (GM-CPC)
BETWEEN:
MRS. SONAM MAHAJAN W/O. MR. SAURABH SINGH GUSAIN AGED ABOUT 30 YEARS, RESIDING AT NO.212, NANDANA GREENS, 2ND MAIN, SOMESHWARA LAYOUT, BANGALORE – 560 076. ... PETITIONER
(BY SMT. RITHIKA RAVIKUMAR, ADVOCATE FOR SRI LOMESH KIRAN N., ADVOCATE)
AND:
... RESPONDENTS
- 2 -
RICHMOND ROAD, BANGALORE – 560 025.
(BY R-1 AND R-2 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 29.09.2018 AT ANNEXURE-A PASSED BY THE XXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BANGALORE [CCH-29] IN O.S.NO.26179/2018.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
Learned counsel for the petitioner submits that O.S. No.26179/2018 has been dismissed for nonprosecution on 18.06.2022 and to that effect memo is filed, which reads as under:
“The petitioner herein humbly seeks to produce a copy of the order sheet in O.S. 26179/2018 which was dismissed for non-prosecution by the order dated 18.06.2022 and hence stands disposed.
In light of the above, the petitioner herein seeks to withdraw this Petition with liberty to approach this Hon’ble Court in the future.”
counsel for the petitioner, the writ petition stands dismissed as withdrawn. It is needless to observe that in the event the order dated 18.06.2022 is recalled, the petitioner is at liberty to move the petition in accordance with law.
SD/JUDGE
MBM
2 provisions across 1 enactments
MRS. SONAM MAHAJAN W/O. MR. SAURABH SINGH GUSAIN
MR. ABHINAV KHARE
NAMMA BENGALURU FOUNDATION A TRUST
K.S. HEMALEKHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
