Kalkambada Shivamurthy Swamy vs H. Muniswamy S/O Hulugappa
2023 Latest Caselaw 9055 Kant

Karnataka High Court

Kalkambada Shivamurthy Swamy vs H. Muniswamy S/O Hulugappa on 1 December, 2023

                                               -1-
                                                     NC: 2023:KHC-D:14060
                                                          WP No. 116699 of 2019




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                           DATED THIS THE 1ST DAY OF DECEMBER, 2023

                                             BEFORE
                          THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                           WRIT PETITION NO. 116699 OF 2019 (GM-CPC)
                   BETWEEN:

                   1.   KALKAMBADA SHIVAMURTHY SWAMY
                        S/O VEERESH SWAMY,
                        AGE: 64 YEARS, OCC:AGRICULTURIST,
                        R/O: SIRIGERI VILLAGE-583120,
                        SIRUGUPPA TALUK,
                        BALLARI DISTRICT-581119.

                   2.   GUJARI MOULASAB S/O SHASHASAB
                        AGE: 44 YEARS, GUJARI MERCHANT,
                        R/O: SIRIGERI VILLAGE-583120,
                        SIRUGUPPA TALUK,
                        BALLARI DISTRICT-581119.

                                                                   ...PETITIONERS

                   (BY SRI. S G KADADAKATTI, AND LINGESH V. KATTEMANE
                   ADVOCATES)
SHIVAKUMAR         AND:
HIREMATH

Digitally signed
                        H. MUNISWAMY S/O HULUGAPPA
by SHIVAKUMAR
HIREMATH                ADVOCATE, AGE: 38 YEARS,
Date: 2023.12.05
12:14:32 +0530          R/O: DARUR CAMP-583121,
                        SIRUGUPPA TALUK,
                        BALLARI DISTRICT.

                                                                   ...RESPONDENT

                         THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
                   CONSTITUTION OF INDIA, PRAYING THIS COURT TO ISSUE WRIT
                   PETITION ARE SEEKING A WRIT IN THE NATURE OF CERTIORARI TO
                   QUASH THE ORDER DATED 07.09.2019 PASSED BY THE SENIOR
                   CIVIL JUDGE SITTING AT SIRUGUPPA IN M.A.NO.10/2016 VIDE
                   ANNEXURE-E BY REVERSING THE ORDER DATED 07.01.2016 PASSED
                                  -2-
                                        NC: 2023:KHC-D:14060
                                             WP No. 116699 of 2019




BY THE CIVIL JUDGE & JMFC, SIRUGUPPA IN O.S.NO.294/ 2915 VIDE
ANNEXURE-D BY ALLOWING THIS PETITION IN THE ENDS OF
JUSTICE AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                               ORDER

Learned counsel for the petitioner has filed a memo,

seeking withdrawal of the above writ petition. The said

memo reads as under;

"MEMO The Advocate for petitioner most respectfully submits as under:

That the suit filed by the respondents in O.S.No.294/2015 on the file of Civil Judge and JMFC, Shiruguppa came to be decreed by its judgment dated 17.02.2023 and in view of that the petitioners may kindly be permitted to withdraw the above writ petition by reserving the liberty to the petitioners to urge the grounds urged in this writ petition in the proposed appeal to be filed/filed in the appellate Court by allowing the memo in the ends of justice and equity. Hence, this memo."

The said memo is placed on record.

NC: 2023:KHC-D:14060

Accordingly, the writ petition is dismissed as

withdrawn.

Sd/-

JUDGE

SVH