Sri. Syed Ilyaz vs Sri Abdul Khudus
2023 Latest Caselaw 6443 Kant

                                               -1-
                                                         NC: 2023:KHC:32573-DB
                                                           WA No. 230 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 11TH DAY OF SEPTEMBER, 2023
                                            PRESENT
                             THE HON'BLE MR JUSTICE G.NARENDAR
                                              AND
                         THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                            WRIT APPEAL NO. 230 OF 2023 (GM-CPC)


                   BETWEEN:

                   SRI. SYED ILYAZ
                   S/O SYED UMAR
                   AGED ABOUT 63 YEARS
Digitally signed
by YAMUNA K L      RESIDING AT NO.14, 3RD MAIN,
Location: High     S K GARDAN, BANGALORE-560046.
Court of                                                          ...APPELLANT
Karnataka          (BY SRI. ALLAH BAKASH M., ADVOCATE)


                   AND:

                   1.    SRI ABDUL KHUDUS
                         S/O LATE ABDUL RAHEEM SAHEB
                         AGED ABOUT 65 YEARS
                         RESIDING AT NO.40, 2ND CROSS,
                         SRINIVAS COLONY,
                         BANGALORE-560027.

                   2.    SRI SHEIK ANWAR PASHA
                         S/O KULLAM MURTHEJA
                         AGED ABOUT 73 YEARS
                         RESIDING AT J-38 VEEJE
                         MATHA NAGAR
                         DR. R. MOUSES ROAD WORLI,
                         MUMBAI - 400018
                                                               ...RESPONDENTS
                                -2-
                                         NC: 2023:KHC:32573-DB
                                            WA No. 230 of 2023




     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED: 6/2/2023 OF THE LEARNED SINGLE JUDGE
REJECTING THE APPLICATION NAMELY I.A NO.1 OF 2023 IN
W.P.NO.25243/2019-VIZ ANNEXURE.A ETC.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                            JUDGMENT

1. Learned counsel for the appellant has filed a memo

praying leave of the Court to withdraw the appeal.

2. The memo reads as under:-

"MEMO FOR WITHDRAWAL The appellant humbly submit that the above appeal has become infructuous, does not survive for consideration in-view of the main matter is settled and closed, hence appeal may be disposed as withdrawn in the interest of justice and equity.

     BANGALORE                          Sd/-
     DATE: 11/9/2023          ADVOCATE FOR APPELLANT"

3. The memo is taken on record. Accordingly, the appeal is

dismissed as withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE