Karnataka High Court
Smt V Venkatamma vs Sr V Krishnappa on 21 March, 2013
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21st DAY OF MARCH, 2013
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
WRIT PETITION NO.6725/2012 (GM-CPC)
BETWEEN:
SMT. V VENKATAMMA
W/O K C SRINIVASA GOWDA
AGED ABOUT 55 YEARS
R/O KADENAHALLI, BYRAKUR HOBLI
MULBAGAL TALUK
KOLAR DISTRICT. ...PETITIONER
(BY SRI N.S. SHESHADRI, ADV.)
AND:
1. SRI V KRISHNAPPA
AGED ABOUT 57 YEARS
S/O. VERAPPA
R/O. THATNAGUNE VILLAGE
AVANI HOBLI, MULBAGAL TALUK
KOLAR DISTRICT.
2. SRI BALASUBRAMANI, S/O LATE SUBBANNA
AGED ABOUT 49 YEARS
R/O BYRAKUR VILLAGE
MULBAGAL TALUK
KOLAR DISTRICT. ...RESPONDENTS
(BY SRI UMESH B.N. FOR
SRI M.NARAYANA REDDY, ADV. FOR R1;
R2 SERVED BUT UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
CONCERNED RECORDS. QUASH THE ORDER DATED 23.2.2012
PASSED BY THE PRL. CIVIL JUDGE (JR.DN.) MULBAGAL ON I.A. NO.7
2
FILED UNDER ORDER 3 RULE 2 (a) R/W SECTION 151 OF CPC IN
O.S.NO.194/2010 AS PER ANNEXURE-G, AND CONSEQUENTLY ALLOW
I.A. NO.7 FILED BY THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned advocate appearing for the petitioner seeks permission to withdraw the writ petition by reserving liberty to the petitioner to seek appointment of an Advocate as Court Commissioner to record the evidence of the 2nd defendant who is suffering from ill-health - bilateral Osteoarthritis/COPD/IHD.
Submission of the learned counsel is recorded. Writ petition is dismissed as withdrawn. If an application is filed, seeking appointment of a Court Commissioner to record the evidence of the 2nd defendant, the Trial Court shall consider the same in accordance with law, particularly on account of the view it has taken on I.A.7.
Sd/-
JUDGE sac*