Petitioner filed a writ petition under Article 226 to quash orders passed in a civil suit. On preliminary hearing, the petitioner sought and obtained leave to withdraw the petition, which the court deemed infructuous and dismissed.
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NC: 2023:KHC:30114 WP No. 18022 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.18022 OF 2023 (GM-CPC)
BETWEEN:
SHRI. VIJAYAKUMAR M.R. S/O LATE SHRI M.N.RADHAKRISHNAN, AGED ABOUT 71 YEARS, RESIDING AT FLAT NO.308, PRESTIGE ELGIN, NO.11, HOSUR ROAD, BENGALURU - 560 025.
ALSO AT NO.74, MCHS COLONY, 5TH A CROSS, 16TH MAIN, BTM LAYOUT, 2ND STAGE, BENGALURU – 560 076.
…PETITIONER
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
(BY SRI. UMESH H.H., ADVOCATE FOR SRI. MADHAV BHALAJI KASHYAP, ADVOCATE)
AND:
NC: 2023:KHC:30114 WP No. 18022 of 2023
MR. ANIRUDDHA MEHTA.
…RESPONDENTS
(BY SRI. MOHANA C., ADVOCATE FOR R1 – R4)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.08.2023 PASSED BY THE LEARNED LXXXIV A.C.C. AND SJ (CCH-85), BENGALURU IN COM.O.S.NO.25254/2017 (PRODUCED VIDE ANNEXURE - A) AND CONSEQUENTLY ALLOW I.A.NO.15 U/S 151 OF CPC FOR RECALL OF ORDER DATED 04.08.2023 PRODUCED VIDE ANNEXURE-E AND I.A.NO.16 UNDER ORDER XVIII RULE 17 OF CPC FOR RECALL OF PW2 FOR FURTHER CROSS EXAMINATION (PRODUCED VIDE ANNEXURE-F) FILED BY THE PETITIONER/DEFENDANT IN COM.O.S.NO.25254/2017 PENDING ON THE FILE OF THE LEARNED LXXXIX A.C.C. AND SJ (CCH-85), BENGALURU AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:30114 WP No. 18022 of 2023
ORDER
Learned counsel for the petitioner has filed a memo
seeking to withdraw the petition.
2. The memo reads as under:
"The Petitioner humbly submits as under
It is submitted that the instant writ petition has become infructuous and as such the petitioner prays this Hon’ble Court may be pleased to take the instant memo on record and permit the petitioner to withdraw the petition, in the interest of justice."
3. Accordingly, writ petition is dismissed as having
become infructuous.
Sd/JUDGE
SMJ
3 provisions across 2 enactments
Shri. Vijayakumar M.R.
M/s. Narana Cables and Chemicals Pharmaceuticals Pvt. Ltd.
M/s. Umiya Holding Pvt. Ltd.
M/s. Umiya Builders and Developers
M/s. Umiya Services
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
