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Karnataka High Court

The Asadkhan Co-Operative Housing ... vs Mr Mallangouda Sankangouda Patil on 12 February, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                   -1-
                                                         NC: 2024:KHC-D:3287
                                                          WP No. 102722 of 2023




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                                BEFORE
                              THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                               WRIT PETITION NO. 102722 OF 2023 (GM-CPC)
                      BETWEEN:

                      1.    THE ASADKHAN CO-OPERATIVE
                            HOUSING SOCIETY LTD., BELAGAUM
                            REPRESENTED BY ITS CHAIRMAN
                            HOUSE NO. 288, MUJAWAR GALLI, BELAGAUM.

                      2.    THE ASADKHAN CO-OPERATIVE
                            HOUSING SOCIETY LTD, BELAGAUM
                            REPRESENTED BY ITS SECRETARY
                            HOUSE NO. 288, MUJAWAR GALLI, BELAGAUM.

                                                                      ...PETITIONERS

                      (BY SRI. MAHANTESH HIREMATH, ADVOCATE)

                      AND:

                            MR MALLANGOUDA SANKANGOUDA PATIL
YASHAVANT
NARAYANKAR
                            AGE. 74 YEARS, OCC. RETIRED,
Digitally signed by
                            R/O. PLOT NO. 71 SHAHU NAGAR, BELAGAVI.
YASHAVANT
NARAYANKAR
Date: 2024.02.20
15:09:28 +0530                                                        ...RESPONDENT

                             THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
                      227 OF THE CONSTITUTION OF INDIA PRAYING TO, I) ISSUE
                      WRIT IN THE NATURE OF CETIORARI BY QUASHING THE
                      IMPUGNED ORDER IN O.S. NO. 276/2012 ON THE FILING OF HON
                      BLE PRINCIPAL CIVIL JUDGE, BELAGAVI DATED 30.03.2022
                      WHICH IS MARKED AS ANNEXURE-L & ETC.,
                                      -2-
                                             NC: 2024:KHC-D:3287
                                               WP No. 102722 of 2023




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

                                  ORDER

1. The petitioners is before this Court seeking the following reliefs:

I) Issue Writ in the nature of Cetiorari by quashing the impugned order in O.S. No. 276/2012 on the filing of Hon'ble Principal Civil Judge, Belagavi dated 30.03.2022 which is marked as ANNEXURE-L. II) Issue any other Writ or direction as deemed fit by this Hon'ble Court in the interest of Justice and Equity.

2. Learned counsel for petitioner has filed a memo dated 12.02.2024, signed by him, which reads as under:

"MEMO FOR WITHDRAWAL.
Here in the application on behalf of the petitioner is as under:
That in the above top noted case the petitioner may kindly be permitted to withdraw this petition in the interest of justice and equity."

Sd/-

Dharwad Advocate for petitioner Date:12.02.2024 Mahantesh S Hiremath"

3. Memo is accepted and the petition is dismissed as withdrawn.
-3-
NC: 2024:KHC-D:3287 WP No. 102722 of 2023
4. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
Sd/-
JUDGE YAN List No.: 2 Sl No.: 28