Karnataka High Court
Smt Mallamma vs Sri Mallegowda on 9 November, 2017
Author: B.Veerappa
Bench: B. Veerappa
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2017
BEFORE
THE HON' BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION No.9532/2017(GM-CPC)
BETWEEN:
SMT. MALLAMMA,
W/O SRI PUTTASWAMY,
D/O KADNADI THAMMEGOWDA,
AGED ABOUT 51 YEARS,
R/AT N. SHETTIHALLI VILLAGE,
BETTADAPURA HOBLI,
PIRIYAPATNA TALUK,
MYSORE DISTRICT - 571107.
... PETITIONER
(BY SRI B. S. MAHENDRA, ADVOCATE)
AND:
1. SRI MALLEGOWDA,
S/O LATE KADNADI THAMMEGOWDA,
AGED ABOUT 50 YEARS.
2. SMT. SANNAMMA,
W/O LATE KADNADI THAMMEGOWDA,
AGED ABOUT 75 YEARS,
RESPONDENTS 1 AND 2
R/AT N. SHETTIHALLI VILLAGE,
BETTADAPURA HOBLI,
PIRIYAPATNA TALUK,
MYSORE DISTRICT - 571107.
2
3. SMT. KIKKERAMMA,
W/O PRAKASH,
D/O LATE MANI,
AGED ABOUT 30 YEARS,
R/AT RAJANABILAGULI,
MUDALAKOPPALU,
HARNAHALLY HOBLI,
VILLAGE, PIRIYAPATNA TALUK,
MYSORE DISTRICT - 571108.
4. SRI SATTIGOWDA,
S/O LATE MANI @ KARIGOWDA,
AGED ABOUT 25 YEARS,
R/AT KELAGANAHALLY
DODDAKOPPALU VILLAGE,
BETTADAPURA HOBLI,
PIRIYAPATNA TALUK,
MYSORE DISTRICT - 571107.
5. SMT. SANNAMMA,
W/O LATE CHIKKEGOWDA,
AGED ABOUT 45 YEARS,
R/AT MUDDANAHALLY VILLAGE,
MALANGI POST,
PIRIYAPATNA TALUK,
MYSORE DISTRICT - 571107.
... RESPONDENTS
......
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED IN FDP NO.9/2015 ON THE
FILE OF THE CIVIL JUDGE (JR.DN) PERIYAPATNA
DATED:31.3.2016 i.e., ANNEXURE-F AND PROCEED
FURTHER THE FINAL DECREE PROCEEDINGS AS PER
LAW AND ALLOW THIS WRIT PETITION AND DISPOSE OF
THE MATTER ON MERITS AND ACCORDING TO LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
After arguing the matter for sometime, learned counsel for the petitioner files a memo seeking to withdraw the writ petition with liberty to pursue his remedy in FDP No.5/2010.
2. The memo is taken on record.
3. Writ Petition is dismissed as withdrawn, reserving liberty as prayed for.
Sd/-
JUDGE kcm