A writ petition challenging a civil court order was dismissed as having been withdrawn by the petitioner, who sought liberty to file a recalling application and a fresh writ petition.
Petition dismissed as withdrawn with liberty to file recalling application and fresh writ petition.
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NC: 2023:KHC-D:13787 WP No. 104814 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT PETITION NO. 104814 OF 2023 (GM-CPC)
BETWEEN:
Digitally signed by SHIVAKUMAR SHIVAKUMAR HIREMATH HIREMATH Date: 2023.11.29 11:31:23 +0530
(BY SRI. JAGADISH PATIL, ADVOCATE)
…PETITIONERS
AND:
NC: 2023:KHC-D:13787 WP No. 104814 of 2023
R/O: KAGALGOBBA, TQ: BADAMI, PIN-587201, BAGALKOT.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT, DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED. PASSED BY THE LEARNED COURT OF SENIOR CIVIL JUDGE AND JMFC BADAMI IN O.S. NO. 61/2018 BY REJECTING I.A. NO. VII DATED. 04/02/2023 VIDE ANNEXURE-E AND BY ALLOWING THE I.A. NO. VII WITH RESPECT TO THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for petitioners has filed a memo
seeking leave of this Court to withdraw the writ petition.
Memo reads as under:
“Herein the advocate for the petitioner submits as under:
That the petitioner is before this Hon’ble Court challenging the order passed by the Senior Civil Judge, Badami in O.S.No.61/2018 by rejecting the I.A.No.IV. It is submitted that the said suit is dismissed for non-prosecution before the Trial Court on 18/11/2023. Therefore it is prayed to dispose of this instant petition with liberty to file recalling application before Trial Court and liberty to file fresh Writ Petition after revival of the said suit in the interest of justice and equity.
Hence this memo.”
dismissed as withdrawn with liberty as sought for.
Sd/JUDGE
NAA LIST NO.: 1 SL NO.: 18
1 provisions across 1 enactments
Shri Iramma W/o. Krishnappa Mudigoudar
Shri. Pavankumar S/o. Krishnappa Mudigoudar
Shri Hanumath Alias Hanumappa S/o. Shankargouda Mudigoudar
Shri. Laxmibai W/o. Hanumanth Alias Hanumappa Mudigoudar
Kumari Soumya S/o. Krishnappa Mudigoudar
Smt. Shanta W/o. Krishnappa Mudigoudar
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
