Lt Col(Retd) E.P. Subhadra vs Smt. Anni Saldanha
2022 Latest Caselaw 4733 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF MARCH, 2022

                            BEFORE

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

       WRIT PETITION No.30148 OF 2017 (GM-CPC)

BETWEEN:

Lt.Col (Retd) E.P. Subhadra,
W/o. Late R.A. Saldanha,
Aged about 50 years,
No.707-A, New No.7/A,
12th Cross, 8th Main,
Vinayakanagar,
Konena Agarahara,
HAL Post,
Bengaluru - 560 017.
                                     ..   Petitioner

(By Sri.A. Vijaya Sai, Advocate)

AND:

1. Smt. Anni Saldanha,
W/o. Late J.F. Saldanha,
Aged about 72 years,
No.707-A, New No.7/A,
12th Cross, 8th Main,
Vinayakanagar,
Konena Agarahara,
HAL Post,
Bengaluru - 560 017.

2. Ms. Rita Saldanha
D/o. Late J.F. Saldanha,
Aged about 45 years,
Residing at
                                                 W.P.No.30148/2017
                                  2


No.707-A, New No.7/A,
12th Cross, 8th Main,
Vinayakanagar,
Konena Agarahara,
HAL Post,
Bengaluru - 560 017.

3. Mrs. Florine D'Souza
W/o. Gilbert D'Souza
Aged about 47 years
R/at Kuvempu Nagara,
Dasappa Street,
BWSSB Road,
Kanakapura Town,
Ramanagara District. 562 117.
                                             .. Respondents
(By Sri. Bharath Kumar V & Sri.K.B. Shivakumar,
Advocates for R-1 to R-3)

                            ****
      This Writ Petition is filed under Article 227 of the
Constitution of India, praying to issue writ of certiorari quashing
the orders passed in I.A.No.X/2016 under Order 1 Rule 10(2) of
CPC for transposition at Annexure A in O.S.No.17613/2005 on
the file of the learned Additional City Civil Judge, Court Hall
No.21, Mayo Hall Unit, Bangalore; to call for the records in
O.S.No.17613/2005 on the file of the learned Additional city Civil
Judge, Court Hall No.21, Mayo Hall Unit, Bangalore for the
consideration, determination and disposal of the withdrawal of
the suit memo dated 23-02-2016; to dismiss the suit as
withdrawn in O.S.No.17613/2005 on the file of the learned
Additional City Civil Judge, Court Hall No.21, Mayohall Unit,
Bangalore; to issue such other writs or orders as deemed fit and
proper under the facts and circumstances of the case, in the
interest of justice and equity.
                                              W.P.No.30148/2017
                               3


      This Writ Petition coming on for Orders, through Physical
Hearing/Video Conferencing Hearing, this day, the Court made
the following:

                          ORDER

Called again in the afternoon.

Learned counsel for the petitioner who is physically

present, files a memo, seeking withdrawal of this petition,

stating that, O.S.No.17613/2005 is posted for judgment on

15-03-2022.

In view of the memo and the supporting submission,

the petition stands dismissed as not pressed.

Sd/-

JUDGE

BMV*