Petitioner sought leave to withdraw the writ petition filed under Article 227 of the Constitution with liberty to urge grounds in a future appeal. The High Court allowed the withdrawal.
Writ petition dismissed as withdrawn with liberty to urge grounds in appeal under Section 105 CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.6865 OF 2022 (GM-CPC)
BETWEEN:
SRI. RAMESHA, S/O LATE M. MADAIAH, AGED ABOUT 57 YEARS, R/AT HALE VAKKALIGARA BEEDHI, MADDUR TOWN, MADDUR.
…PETITIONER
(BY SRI. MANJUNATH M HEGDE, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE)
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. K. ANANDA, ADVOCATE FOR C/R1)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE ORDER
DATED. 19.02.2022 ONE PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC, MADDUR ON AN INTERLOCUTORY APPLICATION FILED BY THE PETITIONER UNDER ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE 1908 IN O.S.NO.509/2012 FOUND AT ANNX-A TO THE WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel Sri.Manjunath Hegde for
Sri.T.Sheshagiri Rao, learned counsel for the petitioner after arguing the matter for some time, seeks leave to withdraw the writ petition with liberty to urge the grounds urged herein in an appeal under Section 105 of CPC in case the judgment goes against the petitioner.
Submission is placed on record. Accordingly, writ petition is dismissed as withdrawn with above liberty.
DR List No.: 1 Sl No.: 29 CT:SNN
Sd/JUDGE
4 provisions across 3 enactments
Sri. Ramesha, S/o Late M. Madaiah
Sri. M.P. Madhu
Smt. Latha
Sri. Mahadeva
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.G. Pandit
Parties & counsel
