Karnataka High Court
Munnavar Biag vs D.A Lakshminarayana Setty on 14 June, 2023
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:20340
WP No. 1549 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 1549 OF 2023 (GM-CPC)
BETWEEN:
1. MUNNAVAR BIAG
S/O AMMER BEIG AND MAHABOOBI
AGED ABOUT 73 YEARS
R/AT 1ST CROSS, TIPPU NAGAR
AMBEDKAR ROAD
BANGARPET,
KOLAR DISTRICT - 563 114.
2. MAHAZAR BIAG
S/O AMMER BEIG AND MAHABOOBI
AGED ABOUT 56 YEARS
3. SIKANDAR BIAG
Digitally signed by S/O AMMER BEIG AND MAHABOOBI
NARASIMHA
MURTHY
VANAMALA AGED ABOUT 66 YEARS
Location: HIGH
COURT OF
KARNATAKA 4. KHALANDAR BIAG
S/O AMMER BEIG AND MAHABOOBI
AGED ABOUT 63 YEARS
5. ABIDA BEGUM
D/O AMMER BEIG
AGED ABOUT 60 YEARS
6. SAJIDA BEGUM
D/O AMMER BEIG
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WP No. 1549 of 2023
AGED ABOUT 58 YEARS
7. ZAHIDA BEGUM
D/O AMMER BEIG
AGED ABOUT 52 YEARS
8. SULTHANA BEGUM
D/O AMMER BEIG
AGED ABOUT 45 YEARS
PETITIONER NOS.2 TO 8 ARE
R/AT 1ST CROSS
TIPPU NAGAR
AMBEDKAR ROAD
BANGARPET
KOLAR DISTRICT - 563 114.
PETITIONER NOS.2 TO 8 ARE
REPRESENTED BY GPA HOLDER AND PETITIONER
NO.1
MUNNAVAR BEIG
S/O AMMER BEIG AND MAHABOOBI
AGED ABOUT 73 YEARS
R/AT 1ST CROSS
TIPPU NAGAR, AMBEDKAR ROAD
BANGARPET
KOLAR DISTRICT - 563 114.
...PETITIONERS
(BY SRI. ABHISHEK N V.,ADVOCATE)
AND:
1. D.A LAKSHMINARAYANA SETTY
S/O ASWATHANARAYANA SETTY
AGED ABOUT 65 YEARS
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WP No. 1549 of 2023
2. D.A. MURALI KRISHNA
S/O ASWATHNARAYANA SETTY
AGED ABOUT 60 YEARS
RESPONDENT NOS. 1 AND 2
ARE R/AT CORONATION ROAD
OPPOSITE SRI BALAMURUGAN TEMPLE
BANGAR
KOLAR DISYRICT -563114.
3. VENKATARAMAIAH ALIAS BANK VENKATARAMAIAH
S/O DHOBI
MUNIVENKATAPPA
R/AT GANDHINAGAR
BANGARPET
KOLAR DISTRICT - 563 114.
...RESPONDENTS
(BY SRI. VIJAYA KUMAR K.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH ORDER
DATED 05/12/2022 OF HONBLE CIVIL JUDGE AND
JMFC AT BANGARPET IN OS NO. 85/2004 AT
ANNEXURE-A IN DISMISSING IA NO. 22 FILED BY THE
PETITIONERS UNDER ORDER VI RULE 17 READ WITH
SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 1549 of 2023
ORDER
This petition is directed against the impugned
order dated 05.12.2022 passed in O.S.No.85/2004
by the Civil Judge and JMFC, Bangarpet (for short,
'the trial Court') whereby, the said application
(I.A.No.22) filed by the petitioners under Order VI
Rule 17 of the Code of Civil Procedure, 1908
seeking amendment of the plaint was rejected by
the trial Court.
2. After arguing the matter for sometime,
learned counsel for the petitioners seeks permission
to withdraw the petition reserving liberty in favour
of the petitioners to challenge the impugned order
passed on I.A.No.22 in an appeal, if any, to be
preferred after the trial Court passes the final
judgment and decree.
3. The submission is placed on record.
NC: 2023:KHC:20340
WP No. 1549 of 2023
The petition stands disposed of as withdrawn
reserving liberty in favour of the petitioners as
stated supra.
Sd/-
JUDGE
RB
