Court dismissed writ petition as withdrawn by petitioner after Registry raised objection regarding maintainability under Order XLIII Rule 1(q), granting liberty to file appropriate appeal.
Withdrawal of writ petition allowed with liberty to file appropriate appeal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 23313 OF 2023 (GM-CPC)
BETWEEN:
MR. ARTHUR J. PEREIRA, S/O LATE THOMAS PEREIRA, AGED ABOUT 65 YEARS, R/AT KARAMBAR, MALAVOOR VILLAGE, BAJPE POST - 574 142, MANGALURU TALUK D.K. SENIOR CITIZEN NOT CLAIMED IN THIS PETITON …PETITIONER
(BY SRI MAITREYI KRISHNAN, ADVOCATE)
AND:
BAJPE POST, MANGALURU - 574 142, D.K.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.193/2023 BEFORE THE II ADDL. SR. CIVIL JUDGE AND CJM, MANGALURU, DK AND SET ASIDE THE ORDER DATED:05.10.2023 PASSED BY THE II ADDL. SR. CIVIL JUDGE AND CJM, MANGALURU, DK, ON I.A.NO.II IN O.S.NO.193/2023 UNDER ORDER XXXVIII RULES 5 AND 6 R/W SECTION 151 OF CIVIL PROCEDURE CODE (PLACED AS ANNEXURE-A) AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo dated
19.10.2023, which reads as under:
"The advocate for the petitioner humbly submits that the Registry has raised the objection that the abovesaid writ petition is not maintainable in view of Order XLIII Rule 1(q). Hence, it is prayed that the petitioner may be allowed to withdraw the abovesaid writ petition with liberty to the appropriate appeal, in the interests of justice and equity."
In view of the memo, the writ petition is dismissed as
withdrawn with liberty to the petitioner to file appropriate appeal.
SD/JUDGE
MKM List No.: 1 Sl No.: 23 CT:SNN
1 issue framed by the court
Whether to allow withdrawal of writ petition which was not maintainable in view of Order XLIII Rule 1(q).
1 provisions across 1 enactments
Mr. Arthur J. Pereira, S/o Late Thomas Pereira
Mr. Jagdish Alias Jagadish Devadiga
Mrs. Reshma J. Devadiga
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
