The Karnataka High Court allowed the review petitioner's application to withdraw Review Petition No. 148/2019 with a reserved liberty to file or contest the suit in the Trial Court, with all contentions kept open.
Leave granted to withdraw the Review Petition with liberty to file/contest the suit in the Trial Court.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
REVIEW PETITION NO. 148 OF 2019
BETWEEN:
THE KARNATAKA STATE EDUCATION FEDERATION (KSEF), LALBAGH FORT ROAD, BANGALORE 560 002. BY ITS VICE PRESIDENT.
…PETITIONER
(BY SRI. LAKSHMAIAH.,ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
RP No. 148/2019
…RESPONDENTS
(R1 SERVED BUT UNREPRESENTED; BY SRI. B V OMPRAKASH, PARTY IN PERSON; SRI. SUBRAMANYA R, ADVOCATE FOR R3 & R4)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 21/02/2019 PASSED IN WP NO. 50392-50393/2015(LBRES), ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The matter having been argued for some time,
learned counsel appearing for the Review Petitioner seeks leave of the Court to withdraw the Review Petition with liberty to litigate before the Civil Court with all the contentions taken up herein and more so. The Respondent – Party in Person graciously gives his consent for the grant of leave to withdraw. The Memo dated 02.02.2023 filed by the learned counsel for the Review Petitioner reads as under:
RP No. 148/2019
“The petitioner/counsel in the suit to permit this Hon’ble Court to withdrawn the RP with a liberty to filed/contest the suit before the Trial Court.
According to Memo may kindly be allowed to meet the ends of justice.”
In view of the above, this Review Petition is disposed
off with liberty reserved, as sought for.
All contentions of the parties are kept open.
No costs.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the review petition for withdrawal with liberty to litigate in civil court should be allowed?
Karnataka State Education Federation
Smt. C H Savithramma
Sri. B V Omprakash
The Commissioner Tumkur City Corporation
The Revenue Officer Tumkur City Corporation
Krishna S Dixit
As recorded by the court registry
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