Writ petition was dismissed as withdrawn with liberty reserved for petitioners to urge grounds in an ensuing appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.5678 OF 2022 (GM-CPC)
BETWEEN:
BOTH ARE REPRESENTED BY THEIR GPA HOLDER ANITHA FERNANDES W/O RICHARD FERNANDES AGED ABOUT 54 YEARS R/AT EMANEL HOUSE, PLAME DARKASTH, SHIRVA VILLAGE AND POST, UDUPI TALUK-576 101.
...PETITIONERS
(BY SRI. S.N. BHAT, ADVOCATE)
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AND:
LINDA FERNANDES W/O MELWIN FERNANDES AGED ABOUT 51 YEARS R/AT HALEHITHLU HOUSE, SHIRVA VILLAGE, UDUPI TALUK-576 101.
….RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC., UDUPI IN ORIGINAL SUIT NO.317 OF 2008 DATED 18TH FEBRUARY, 2022 VIDE ANNEXURE-E AND ALLOW THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Sri. S.N. Bhat, learned counsel appearing for petitioners submits that, the suit is disposed of, and in that view of the matter, writ petition be dismissed as withdrawn. However, he submits that, liberty be reserved to the petitioners, to urge the grounds urged in this writ petition be allowed to be taken in the appeal that may be filed by the plaintiffs.
3
Accordingly, writ petition is dismissed as withdrawn reserving liberty as sought for by the petitioners.
Sd/JUDGE
ARK
Henry Fernandes w/o Inam @ Ignatias Fernandes
Richard Fernandes s/o Inam @ Ignatias Fernandes
Linda Fernandes w/o Melwin Fernandes
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
