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Karnataka High Court

Surendra Nayak vs Derric Prabhakar Soans on 24 January, 2020

Author: R Devdas

Bench: R Devdas

                         -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24TH DAY OF JANUARY, 2020

                       BEFORE

        THE HON' BLE MR.JUSTICE R DEVDAS

              H.R.R.P. NO.37 OF 2019

BETWEEN

SURENDRA NAYAK
S/O LATE MUKUNDAN NAYAK
AGED 63 YEARS
D.NO.8-491/21
R/AT MISSION COMPOUND
BALMATTA, MANGALORE
DK-575 002.
                                        ...PETITIONER
(BY SRI LOURDU MARIYAPPA A, ADVOCATE)


AND

1.     DERRIC PRABHAKAR SOANS
       S/O LATE JACOB GEORGE SOANS
       AGED 70 YEARS
       C/O N.H.CLAVE
       R/AT MISSION COMPOUND
       UDUPI
       UDUPI DISTRICT-576101.

2.     M. IBRAHIM
       S/O MOHAMMED
       AGED 66 YEARS
       D.NO.8-491/11
       R/AT MISSION COMPOUND
       BALMATTA, MANGALORE
       DK-575 002.

3.     M. SADIQUE
       S/O MOHAMMED
       AGED 63 YEARS
                            -2-



     D.NO.8-491/11
     R/AT MISSION COMPOOUND
     BALMATTA, MANGALORE
     DK-575 002.

                                        ...RESPONDENTS
(BY SRI SURAJ S M, ADVOCATE)

      THIS PETITION IS FILED UNDER SECTION 115 OF
KARNATAKA RENT CONTROL ACT, AGAINST THE ORDER &
DECREE DATED:16.07.2019 PASSED IN RRP NO.22/2016 ON
THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE,
D.K. MANGALORE DISMISSING THE PETITION AND
CONFIRMING THE ORDER & DECREE DATED:02.09.2016
PASSED IN HRC NO.24/2006 ON THE FILE OF THE I ADDL.
CIVIL JUDGE AND JMFC, MANGALURU D.K. ALLOWING THE
PETITION FILED UNDER ORDER 27(2)(a)(h)(o) AND (r) OF K.R.
ACT, 1999.

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

                           ORDER

R. DEVDAS J., (ORAL):

Learned counsel for the petitioner has filed a memo dated 08.01.2020 stating that two revision petitions were filed challenging the order passed in HRP No.24/2006. The revision court has passed a common order disposing of RRP.Nos.21/2016 and 22/2016 on 16.07.2019. The petitioner has already filed HRRP No.38/2019 and therefore, the petitioner has realized that a second petition questioning the very same order is not necessary. Therefore, the -3- petitioner seeks leave of this Court to withdraw the petition.

2. The memo is taken on record, subject to all just exceptions.

3. Taking note of the submissions of the learned counsel for the petitioner, the petitioner is permitted to withdraw the petition. Petition is dismissed as withdrawn.

Sd/-

JUDGE DL