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Karnataka High Court

M/S. Sher Chagan Raj Goutam Kumar vs K.Veeranna on 6 September, 2013

Author: A.N.Venugopala Gowda

Bench: A.N.Venugopala Gowda

                            :1:



            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 06TH DAY OF SEPTEMBER 2013

                         BEFORE

     THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

              W.P. No.60004/2010 (GM-CPC)

BETWEEN:

M/S. SHER CHAGAN RAJ GOUTAM KUMAR
(MYSORE TEA TRADING CO.)
EWPTD.BY ITS PARTNER,
C.L.RANJIT KUMAR,
S/O CHAGANRAJ, AGE 42 YEARS,
OCC:BUSINESS R/O MAIN BAZAR, HOSPET
DIST:BELLARY.

                                        ... PETITIONER
(By Sri. MAHESH WODEYAR, ADV.)

AND

1.     K.VEERANNA
       S/O KALLIMANI KALLAPPA,
       MAJOR, OCC:AGRICULTURE,
       R/O HOSUR VILLAGE,
       TQ:HOSPET, DIST:BELLARY.

2.     K.UMESHAPPA
       S/O KALLIMANI KALLAPPA,
       MAJORA. OCC:AGRIL,
       R/O HOSUR VILLAGE,
       TQ:HOSPET, DIST:BELLARY.

                                      ... RESPONDENTS
(By Sri. HANUMANTHAREDDY SAHUKAR, ADV. FOR R2,
R1-NOTICE SERVED.)

     THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DTD.25/4/09 PASSED BY THE LD.PRL.CIVIL
                             :2:



JUDGE(SR.DN)     AND   JMFC HOSPET ON     I.A.NO.3 IN
E.P.NO.49/2002 VIDE ANNEXURE-A AND CONSEQUENTLY
DISMISS I.A.NO.3 AND RESTORE EP NO.49/02.

     THIS WP COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING: -

                           ORDER

Learned counsel for the petitioner seeks permission to withdraw the writ petition and question the impugned order by filing a Civil Revision Petition. Submission of the counsel is recorded and the writ petition is dismissed.

2. However, it is open to the petitioner to question the impugned order, by filing a Civil Revision petition. Time taken in prosecution of this writ petition from 2/1/2010 shall stand excluded, if a civil revision petition is filed within a period of two weeks.

3. Contentions raised against the impugned order are kept open for consideration. There shall be no order to costs.

SD/-

JUDGE VMB/ct:byg