Petitioner filed writ petition under Articles 226 and 227 of the Constitution challenging an order. Counsel sought withdrawal citing compromise in the underlying trial court suit. Court dismissed the petition as withdrawn.
Writ petition dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.4451 OF 2023 (GM-CPC)
BETWEEN:
…PETITIONER
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
(BY SRI. VASUDEV G, ADV., FOR SMT. LEELA P. DEVADIGA, ADV.,)
AND:
…RESPONDENT
(BY SRI. SHIVARAMU H.C. ADV.,)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 07.11.2022, PASSED ON IA NO.10 IN OS.NO.44/2019, PENDING ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC, VIRAJPETE, A COPY OF WHICH IS PRODUCED AT ANNEXURE-G. GRANT AN INTERIM ORDER TO STAY THE IMPUGNED ORDER DATED 07.11.2022, PASSED ON IA NO.10, IN OS.NO.44/2019 PENDING ON THE FILE OF SR. CIVIL JUDGE AND JMFC, VIRAJPETE TILL THE DISPOSAL OF THIS PETITION.
NC: 2023:KHC:34613 WP No.4451 of 2023
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo
dated 23.09.2023 seeking to withdraw the petition.
2. Memo reads as under:
" MEMO FOR WITHDRAWAL
The undersigned counsel for the petitioner seeks leave of this Hon'ble Court to withdraw the above Petition as the suit in the trial court pertaining to the subject schedule property has been compromised, hence the above petition will be rendered infructuous.
WHEREFORE , this Hon'ble Tribunal may take this memo on record and pass appropriate orders withdrawing this petition as having become infructuous in the interest of justice and equity."
withdrawn.
Sd/JUDGE
BSR
1 issue framed by the court
Whether to allow withdrawal of writ petition as impugned order became infructuous due to compromise in trial court suit.
2 provisions across 1 enactments
SRI. B.M. DEVAIAH
SRI. P.T. KIRAN
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
