Dismissed

Sri N D Nagaraju v. Sri D Puttaiah

Karnataka HC11 Aug 2023WP/54097/2018

Case brief

AI extract

What is this about?

This order recorded a memo filed by the petitioner praying to withdraw the writ petition under Article 226/227 with liberty to file a fresh petition on disposal of a pending appeal. The court disposed of the matter by dismissing the petition as withdrawn with liberty as sought.

What did the court decide?

Petition dismissed as withdrawn with liberty to file fresh petition on disposal of pending appeal MFA No.6731/2021.

Sri N D Nagaraju Vs Sri D Puttaiah — Constitutional and Fundamental Rights | Karnataka HC (2023)

¶1

NC: 2023:KHC:28638 WP No. 54097 of 2018

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 11^TH DAY OF AUGUST, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.54097 OF 2018 (GM-CPC)

¶7

BETWEEN:

¶8

SRI N D NAGARAJU S/O DODDEGOWDA, AGED 58 YEARS, NIDTHA VILLAGE AND POST, SHANIVARASANTHE HOBLI, SOMWARPETE TALUK, KODAGU-571 235.

¶9

…PETITIONER

¶10

(BY SRI. AKSHAY R.M., ADV. FOR SRI K V NARASIMHAN, ADV.)

¶11

AND:

¶12

SRI D PUTTAIAH

¶13

Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

¶14

S/O DEVAIAH, AGED 59 YEARS, MANUGANAHALLI, NIRUGUNDA POST, KODLIPETE HOBLI, SOMWARPETE TALUK, KODAGU DISTRICT-571 235

¶15

SRI H NANJAIAH S/O MARAIAH, AGED ABOUT 64 YEARS GOPALPURA VILLAGE AND POST, SHANIVARASANTHE HOBLI, SOMWARPETE TALUK, KODAGU-571 235.

¶16

¶17

NC: 2023:KHC:28638 WP No. 54097 of 2018

¶18

SRI DHANYA KUMAR S/O ANDANAIAH, AGED 44 YEARS, R/AT GOPALPURA VILLAGE AND POST, SHANIVARASANTHE HOBLI, SOMWARPETE TALUK, KODAGU-571 235

¶19

SRI PUTTARAJ S/O ANDANAIAH, AGED 29 YEARS, R/AT GOPALPURA VILLAGE AND POST, SHANIVARASANTHE HOBLI, SOMWARPETE TALUK, KODAGU-571 235

¶20

…RESPONDENTS

¶21

THIS WP FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER AT ANNEXURE-C PASSED BY THE LEARNED SENIOR CIVIL JUDGE AT SOMAWARAPETE IN R.A.NO.4/2015 DATED 12.1.2018 AND ETC.

¶22

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶23

ORDER

¶24

Learned counsel for the petitioner has filed memo

¶25

dated 11.08.2023 praying to withdraw the petition. The memo reads as under :-

¶26

¶27

NC: 2023:KHC:28638 WP No. 54097 of 2018

¶28

"MEMO

¶29

The petitioner respectfully submits that pursuant to the impugned order, the proceedings have been transferred to the file of the Hon'ble Karnataka Land Grabbing Prohibition Court, Bangalore and the same has been numbered as LGC (t) 730/2018. However, the said matter has been dismissed for default MFA No.6731/2021 have been filed by the petitioner herein, seeking setting aside of the order of dismissal for non prosecution. Said appeal is pending.

¶30

In that view of the matter, it is respectfully prayed that this Hon'ble court be pleased to permit the petitioner to withdraw the above writ petition, with liberty to file a fresh petition on disposal of appeal in MFA No.6731/2021 pending

¶31

¶32

NC: 2023:KHC:28638 WP No. 54097 of 2018

¶33

before this Hon'ble Court, in the interest of

¶34

justice and equity."

¶35

Memo is placed on record. Writ petition is dismissed

¶36

as withdrawn with liberty as sought for.

¶37

Sd/JUDGE

¶38

NG List No.: 1 Sl No.: 1

Sri N D Nagaraju v. Sri D Puttaiah

Case brief

What is this about?

What did the court decide?

Sri N D Nagaraju v. Sri D Puttaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Sri Venugopal Swamy Enterprises Vs Sri Muniyappa

Anjan Murthy Vs Rangaswamy

Sri Ryaz Ahmed Vs Smt Ruhy Ifthikar

Sri. Jayaram Hegde Vs Sri. Vijaya Shetty

Sri. D.M. Mallegowda Vs the State of Karnataka

M/S Siddarth Infra Holdings Pvt. Ltd. Vs Sri Dinesh Kumar Singhi