Sri H R Ramesh vs M/S Janapada Seva Trust
2021 Latest Caselaw 1122 Kant

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF JANUARY, 2021

                         PRESENT

        THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA

                           AND

            THE HON'BLE MRS.JUSTICE M.G.UMA


         WRIT APPEAL NO.648 OF 2020 (GM-CPC)

BETWEEN:

SRI.H.R.RAMESH
SON OF LATE.SRI.H.S.RANGASWAMY
AGED ABOUT 74 YEARS
NO.27, 14TH BLOCK, SBM COLONY
SRIRAMPURA, 2ND STAGE
MYSURU-570 034.                            ... APPELLANT

(BY SRI:MOHAN S., ADVOCATE (VC))

AND:

1.     M/S JANAPADA SEVA TRUST
       MELUKOTE
       PANDAVAPURA TALUK
       MANDYA DISTRICT-571 431.
       REPRESENTED BY ITS SECRETARY
       SANTHOSH KOULAGI.

2.     SRI.PRAKASH IYER
       SON OF SRI.K.SHANKARANARAYAN
       AGED ABOUT 52 YEARS
       RESIDING AT NO.34, EAGLE RITZ
       16 K.M.BEGUR KOPPA ROAD
       BENGALURU-560 068.                ... RESPONDENTS
                              2



     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 10.03.2020 PASSED IN W.P.NO.4945 OF 2020
(GM-CPC) ON THE FILE OF THE HON'BLE HIGH COURT OF
KARNATAKA BENGALURU, CONSEQUENTLY TO ALLOW THE
WRIT PETITION FILED IN WP NO.4945 OF 2020, ON THE FILE
OF THIS HON'BLE COURT.

    THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
NAGARATHNA, J., DELIVERED THE FOLLOWING:

                       JUDGMENT

Office has raised an objection with regard to the

maintainability of the writ appeal in view of the judgment

reported in ILR 2009 KAR 1207 (Tammanna and Others

Vs Miss.Renuka and Others).

2. We have heard the learned counsel for the

appellant.

3. Appellant's counsel submits that in view of the

ratio laid down in the said judgment, the writ appeal is not

maintainable. Hence, permission may be granted to

withdraw the writ appeal.

4. Submission of Sri.S.Mohan, the learned counsel

is placed on record.

5. Writ Appeal is dismissed as withdrawn.

Consequently, certified copy of the impugned order

and all other certified copies of the documents are

permitted to be returned to the appellant's counsel subject

to filing of copies of the same for the purpose of record.

Liberty is granted to the appellant to seek

appropriate remedy in accordance with law.

Sd/-

JUDGE

Sd/-

JUDGE

*bgn/-