Sri B R Prabhakar vs Sri Jaganath
2021 Latest Caselaw 1303 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 21ST DAY OF JANUARY, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

         WRIT PETITION NO.53515 OF 2018 (GM-CPC)

BETWEEN:

SRI B R PRABHAKAR,
S/O LATE. B M RAMANNA GOWDA,
AGED ABOUT 58 YEARS,
R/O BELEGADDE,
HOSSAKOPPA POST, KOPPA TALUK,
CHIKKAMAGALURU 577 139.
                                             ...PETITIONER
(BY SRI. V D RAVIRAJ, ADVOCATE)

AND:

1 . SRI JAGANATH,
S/O. LATE. KENCHAPPA,
AGED ABOUT 63 YEARS,

2 . SRI. SHARATH
S/O. JAGANATH,
AGED ABOUT 29 YEARS,

3 . SRI. VIJAYA
S/O. JAGANATH,
AGED ABOUT 27 YEARS,

ALL ARE R/O. SAKKAREBYLU,
GAJANUR POST, SHIVAMOGGA TALUK,
SHIVAMOGGA DISTRICT - 577 139.
                                         ... RESPONDENTS
(BY SRI. P N HARISH, ADVOCATE FOR R1 -R3)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR

RECORDS IN O.S.NO.821/2015 ON THE FILE OF PRINCIPAL

CIVIL JUDGE AND JMFC AT SHIVAMOGGA AND MISC. APPEAL
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NO.5/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

JUDGE AND CJM AT SHIVAMOGGA AND SET ASIDE THE

INTERIM ORDER DT 11.12.2017 PASSED IN O.S.NO.821/2015 BY

THE PRINCIPAL CIVIL JUDGE AND JMFC AT SHIVAMOGGA

(ANNEXURE-M), CONFIRMED BY THE PRINCIPAL SENIOR CIVIL

JUDGE AND CJM AT SHIVAMOGGA IN M.A.NO.5/2018 BY ITS

JUDGMENT AND DECREE DT 29.08.2018 (ANNEXURE-N) AND

ETC.


       THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY

THROUGH       PHYSICAL     HEARING,     THE    COURT    MADE       THE

FOLLOWING:

                               ORDER

Learned counsel for the petitioner has filed a Memo

dated 9.1.2021 seeking withdrawal of the Writ Petition.

Writ Petition is disposed off as having been withdrawn

in terms of Memo which reads as under:

"The above petition is filed challenging the rejection of interim order of injunction by the Principal Civil Judge and JMFC at Shivamogga in O.S.No.821/2015, confirmed by the Principal Senior Civil Judge and CJM at Shivamogga in M.A.No.5/2018.

The Petitioner herein now decided to withdraw the suit pending before the trial court with an intention to file fresh comprehensive suit in respect of the suit schedule property before the appropriate civil court. In view of the above present petition before this Hon'ble Court does not survive for consideration.

Hence it is prayed that this Hon'ble Court may be pleased to dismiss the above writ petition as withdrawn and liberty may be granted to the petitioner to keep open all the contention urged in this petition and also without prejudice to his right to file fresh suit in any manner."

All contentions & remedies, if any, otherwise availing to

the parties are kept open.

Sd/-

JUDGE

cbc