Mushtaq Ahmed vs B N Nagarjuna Gowda
2023 Latest Caselaw 6909 Kant

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                                                              NC: 2023:KHC:35654
                                                         WP No. 6997 of 2020




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 3RD DAY OF OCTOBER, 2023

                                              BEFORE

                              THE HON'BLE MR JUSTICE S.G.PANDIT

                           WRIT PETITION NO. 6997 OF 2020 (GM-CPC)

                      BETWEEN:

                      MUSHTAQ AHMED
                      S/O LATE IBRAHIM SHARIFF
                      AGED ABOUT 64 YEARS,
                      R/AT DOOR NO.39,
                      RANOJI RAO ROAD,
                      BASAVANAGUDI,
                      BENGALURU- 4
                      REP.BY HIS SPA HOLDER
                      ABDUL JALEEL
                      S/O LATE ABDUL RASOOL
                      AGED ABOUT 65 YEARS
                      3RD CROSS. SONASHETTIHALLI,
                      CHINTAMANI TOWN
                      CHICKABALLAPUR DISTRICT.
                                                                   ...PETITIONER
Digitally signed by
A K CHANDRIKA         (BY SRI. NATARAJ G., ADV.)
Location: High
Court of Karnataka

                      AND:

                      1.   B N NAGARJUNA GOWDA
                           S/O LATE B.N. NANJUNDARAMA SETTY
                           AGED ABOUT 53 YEARS
                           R/AT ANJANI EXTENSION WEST
                           CHINATAMANI TOWN.

                      2.   K.L VENKATANARAYANA GUPTHA
                           S/O K.S. LAKSHMINARASIMHAIAH SETTY
                           AGED ABOUT 63 YEARS
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                                     NC: 2023:KHC:35654
                                   WP No. 6997 of 2020




     R/AT N.R. EXTENSION
     CHINTAMANI.

3.   K.L. RAMESH
     S/O LATE K. LAKSHMINARASIMHAIAH SETTY
     AGED ABOUT 55 YEARS
     R/AT ANJANI EXTENSION
     CHINTAMANI TOWN.

4.   N. MANJUNATHA
     S/O B NARAYANA RAO
     AGED ABOUT 55 YEARS
     R/AT VASAVI CHOULTRY ROAD
     N.R. EXTENSION
     CHINTAMANI TOWN.

5.   L.L. SUDARSHANA RAO
     @ L. SUDARSHANA REDDY
     S/O LATE VENKATASUBBA REDDY
     AGED ABOUT 48 YEARS
     R/O Y DASANNA BUILDING
     M.G. ROAD, CHINTAMANI TOWN
     PRESENTLY R/AT DOOR NO.176
     YALLAMAM TEMPLE STREET
     THIPPASANDRA, BENGALURU-75.
                                          ...RESPONDENTS
(BY SRI. M. V. NAVEEN REDDY, ADV. FOR R1 TO R4
 R5-SERVED & UNREPRESENTED)

      THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED 17.01.2020 BEING PASSED ON IA NO.1/2019 ON THE
FILE OF SENIOR CIVIL JUDGE AND JMFC, CHINTAMANI,
CHIKKABALLAPUR, IN RA NO.34/2015 VIDE ANNX-A.


      THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                        NC: 2023:KHC:35654
                                      WP No. 6997 of 2020




                          ORDER

The petitioner-appellant in R.A.No.34/2015 on the

file of Senior Civil Judge, Chintamani, Chikkaballapura

District is before this Court, aggrieved by rejection of

I.A.No.1/2019 filed under Order VI Rule 17 of CPC to

amend the plaint prayer to include prayer to deliver and

handover possession of the suit schedule property.

Learned counsel for the petitioner after arguing the

matter for some time seeks leave of the Court to withdraw

the writ petition and further makes a prayer that any

observation made in the impugned order i.e., order dated

17.01.2020 on I.A.No.1/2019 may not influence the trial

Court while passing judgment in the appeal.

Request of the learned counsel for the petitioner

appears to be reasonable. Hence, the following order:

Submission of the learned counsel for the petitioner-

appellant is placed on record.

The writ petition is dismissed as withdrawn.

NC: 2023:KHC:35654 WP No. 6997 of 2020

Further, the trial Court shall not be influenced by any

of the observations made during the course of its order

dated 17.01.2020 on I.A.No.1/2019 in R.A.No.34/2015

and shall pass judgment on its merits.

SD/-

JUDGE

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