Sri M Nagaraju vs Sri M M Lokendranath
2024 Latest Caselaw 6395 Kant

Karnataka High Court

Sri M Nagaraju vs Sri M M Lokendranath on 4 March, 2024

Author: Chief Justice

Bench: Chief Justice

                                                          -1-
                                                                      NC: 2024:KHC:9176-DB
                                                                          WA No. 172 of 2024




                                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                    DATED THIS THE 4 TH DAY OF MARCH, 2024

                                                    PRESENT
                                  THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
                                                       AND
                           THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                                  WRIT APPEAL NO. 172 OF 2024 (KLR-RR/SUR)
                           BETWEEN:

                           SRI M NAGARAJU
                           AGED ABOUT 67 YEARS
                           S/O LATE MUNIYAPPA
                           R/AT NO.1673
                           VADERA MANCHANAHALLI VILLAGE
                           KALLABALU POST, JIGANI HOBLI
                           ANEKAL TALUK-560 105
                           BENGALURU URBAN DISTRICT                  ...APPELLANT

                           (BY SRI. BHADRINATH R. ADV.)

                           AND:

                           1.      SRI M M LOKENDRANATH
                                   S/O LATE K.MADAIAH
                                   AGED ABOUT 54 YEARS
                                   R/AT NO.19, 15TH CROSS
Digitally signed by MALA
KN                                 6TH B MAIN, 100 FT RING ROAD
                                   IV PHASE, J.P.NAGAR
Location: HIGH COURT
OF KARNATAKA                       BANGALORE-560 078

                           2.      SPECIAL DEPUTY COMMISSIONER
                                   BANGALORE URBAN DISTRICT
                                   BANGALORE-560 009

                           3.      ASSISTANT COMMISSIONER
                                   BANGALORE SOUTH SUB DIVISION
                                   BANGALORE-560 059

                           4.      THE TAHASILDAR
                                   ANEKAL TALUK, ANEKAL-562106
                                   BENGALURU URBAN DISTRICT
                             -2-
                                             NC: 2024:KHC:9176-DB
                                                 WA No. 172 of 2024




5.   SRI RAMAIAH
     S/O LATE SRI MUNIHUCHAPPA,
     MAJOR R/O BUKKA SAGARA VILLAGE
     JIGANI HOBLI ANEKAL TALUK
     BANGALORE URBAN DISTRICT -562 106

6.   SRI DODDAMUIYAPPA @ MUNIYAPPA
     S/O SRI NAGAPPA, MAJOR
     R/AT NO.122, 3RD CROSS RAJANNA LAYOUT
     BILEKAHALLI POST BANNERGHATTA ROAD
     BANGALORE-560 076

7.   SRI CHIKKAMUNIYAPPA
     S/O SRI NAGAPPA, MAJOR
     R/AT NO.122, 3RD CROSS RAJANNA LAYOUT
     BILEKAHALLI POST BANNERGHATTA ROAD
     BANGALORE-560 076                ...RESPONDENTS

(BY SMT. NILOUFER AKBAR, ADDL. GOVT. ADV.
    FOR R2, R3 & R4)

      THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO a) TO CALL FOR
RECORDS AND TO SET ASIDE THE IMPUGNED ORDER DATED
01.06.2022 IN W.P No. 27101 OF 2013 (KLR-RR/SUR)
PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE
COURT, CONSEQUENTLY TO PERMIT THE APPELLANT TO
PROSECUTE WP No. 27101 OF 2013 (KLR-RR/SUR) PASSED
BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT
AND ETC.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:

                    JUDGMENT

Learned Advocate Mr. R. Bhadrinath for the

appellant seeks permission to withdraw the present

writ appeal stating that the suit in O.S.No.1998 of

2006 is pending before the Senior Civil Judge and

NC: 2024:KHC:9176-DB

C.J.M. at Anekal, which shall be pursued by the

appellant on merits.

2. Since the parties are before the Civil Court in

respect of the disputes between them, this court

does not see any reason to entertain the present writ

appeal.

3. However, it is clarified that the suit shall

proceed on its own merits in accordance with law.

Pending applications, if any, shall not survive in

view of the disposal of the matter.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

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