Petitioners challenged a trial court order on an application under Order 26 Rule 9 CPC for appointment of a commissioner in a civil suit, but filed a memo to withdraw the writ petition. The High Court dismissed the petition as withdrawn and closed pending applications.
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NC: 2024:KHC:23970 WP No. 6255 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6255 OF 2020 (GM-CPC)
BETWEEN:
S/O LATE SALVADOR PEREIRA, AGED ABOUT 77 YEARS, SENIOR CITZEN NOT CLAIMED, R/AT DOOR NO.82, KATEEL ROAD, BAJPE,
MANGALURU-574 148
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
PETITIONERS NO.3 AND 4 ARE R/AT KOPPA HOUSE, BAJPE POST, MANGALURU-574 148
…PETITIONERS
(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)
AND:
SMT. CHANDRIKA AGED ABOUT 56 YEARS, W/O KOOSA POOJARY,
NC: 2024:KHC:23970 WP No. 6255 of 2020
R/AT SRIDEVI ELECTRICALS, BAJPE VILLAGE, MANGALORE TALUK-574 142
…RESPONDENT
(BY SRI. K RAVISHANKAR, ADVOCATE)
THIS WP FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.3.2019 PASSED BY THE IV ADDL. (NOW V ADDL) CIVIL JUDGE AND JMFC, MANGALORE ON I.A.NO.10 IN O.S.NO.372/2013 FILED UNDER ORDER 26 RULE 9 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE, A CERTIFIED COPY OF WHICH IS AT ANNEXURE-A, CONSEQUENTLY ALLOW I.A.NO.10 FILED BY THE 1ST PETITIONER UNDER ORDER 26 RULE 9 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE.
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 seeking permission to withdraw the Writ Petition. Memo is taken on record.
Accordingly, the Writ Petition is dismissed as
withdrawn .
Pending I.As, if any, shall stand closed.
SD/JUDGE
List No.: 1 Sl No.: 34
TS
2 provisions across 2 enactments
John Pereira
Hilary Fernandes
Stany Moras
Agnes Moras
Smt. Chandrika
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
