Karnataka High Court
Bruhath Bengaluru Mahanagara Palike vs Sri Chakradhar B on 8 July, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:26912
CRP No. 538 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 538 OF 2023 (IO)
BETWEEN:
BRUHATH BENGALURU
MAHANAGARA PALIKE,
REP. BY ITS COMMISSIONER,
CORPORATION BUILDING,
RANI CHENNAMMA CIRCLE,
BENGALURU - 02
...PETITIONER
(BY SRI. BATHE GOWDA K.V., ADVOCATE)
AND:
SRI. CHAKRADHAR B.,
SON OF GOVARDHANA CHOUDARY B.,
AGED ABOUT 47 YEARS,
RESIDING AT NO.FLAT NO.04,
Digitally 1ST MAIN, SINDHU RESIDENCY,
signed by SIMHA COLONY,
PRAKASH N CHIKKALLASANDRA,
Location: BENGALURU - 560 061
HIGH
COURT OF ...RESPONDENT
KARNATAKA (BY SRI. BHARATH K., ADVOCATE FOR C/R)
THIS CRP IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1
OF CPC AGAINST THE ORDER DATED 14.01.2022 PASSED ON IA IN
OS No.25728/2015 ON THE FILE OF THE LXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH
74) REJECTING THE IA FILED UNDER ORDER VII RULE 11(A) R/W
SEC.151 OF CPC FOR REJECTION OF PLAINT.
THIS CRP, COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
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NC: 2024:KHC:26912
CRP No. 538 of 2023
ORDER
1. The petitioner is before this Court seeking for the following releifs:
(a) Call for the records from the LXXIII Additional City Civil and Sessions Judge, Mayohall Unit, (CCH-74) Bengaluru in OS.25728/2015.
(b) To set aside the order passed by the LXXIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru in OS.25728/2015 on 14.01.2022 on I.A. by allowing this appeal.
(c) To award costs of this appeal
2. A memo dated 08.07.2024 has been filed signed by the authorized representative on behalf of the petitioner and the advocate for the petitioner, which reads as under:
It is respectfully submitted that the petitioner is not interest in prosecuting the above mentioned case, since the said suit bearing O.S.No.25728 of 2015 was dismissed for non-prosecution on 27.09.2022 and this Civil Revision Petition has become infructuous. Hence, it is prayed that this Hon'ble Court be pleased to permit the petitioner to withdrawal the said Civil Revision Petition, in the interest of justice.
3. Accepting the said memo and submission of learned counsel for the petitioner, the petition is dismissed as withdrawn.
Sd/-
JUDGE GJM List No.: 2 Sl No.: 27 CT:SNN