Sri P K Lokesh vs R Manjunath
2024 Latest Caselaw 25080 Kant

Karnataka High Court

Sri P K Lokesh vs R Manjunath on 21 October, 2024

                                                   -1-
                                                             NC: 2024:KHC:42263
                                                           WP No. 26685 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF OCTOBER, 2024

                                                  BEFORE
                              THE HON'BLE MR JUSTICE R. NATARAJ
                          WRIT PETITION NO. 26685 OF 2024 (GM-CPC)
                   BETWEEN:

                   1.    SRI. P.K. LOKESH
                         S/O P K KRISHNAPPA
                         AGED ABOUT 48 YEARS,
                         R/AT NO.177 KAVERASMMA STREET
                         OPP TO GOVT. SCHOOL
                         NEAR KAVERAMMA TEMPLE
                         PANATHUR, VARTHUR
                         BANGALORE-560 106.

                   2.    SRI. P.K. KRISHNAPPA
                         S/O LATE KAVERAMMA
                         AGED ABOUT 79 YEARS,
                         R/AT NO.141/1, NEW NO.186,
                         PANATHUR VARTHUR HOBLI,
                         BANGALORE-560 106.
                                                                   ...PETITIONERS
                   (BY SRI. K P BHUVAN, ADVOCATE)

Digitally signed   AND:
by
MARKONAHALLI
RAMU PRIYA         1.    R. MANJUNATH
Location: HIGH           S/O. T. RAJAPPA
COURT OF
KARNATAKA                AGED ABOUT 48 YEARS,
                         R/AT NO.3, SITE NO.46/47
                         DOCTOR LAYOUT, GOTTIGERE
                         BENGALURU-560 083.

                   2.    MRS. KOMALA
                         D/O LATE JAYAPPA
                         AGED 41 YEARS
                         R/O NO.5/1, 'A' STREET
                         SHANTHI NAGAR
                         BANGALORE-560 077
                              -2-
                                          NC: 2024:KHC:42263
                                       WP No. 26685 of 2024




3.   SMT. JAYANTHIMALA
     W/O MUNISWAMY
     MAJOR, G-10
     BHARATHI NILAYA APARTMENTS,
     NEAR TELEPHONE EXCHANGE
     KUNDALAHALLI BROOKFIELD
     BANGALORE-560 037.
                                             ...RESPONDENTS

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DTD. 05.09.2024 PASSED ON IA NO.17 UNDER
ORDER 26 RULE 9 OF CPC IN O.S.NO.4933/2014 ON THE LEARNED
XXXV ADDL CITY CIVIL AND SESSION JUDGE, BENGALURU (CCH-36)
AS PER ANNEXURE-A, AND THEREBY TO ALLOW THE APPLICATION
FILED BY THE PETITIONERS, UNDER ORDER 26 RULE 9 OF THE CODE
OF CIVIL PROCEDURE.

      THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE R. NATARAJ


                       ORAL ORDER

Learned counsel for the petitioners after arguing the

petition at length, sought permission of the Court to withdraw

the writ petition.

2. In view of the aforesaid, this writ petition is

dismissed as withdrawn.

NC: 2024:KHC:42263

3. However, liberty is reserved to the petitioners to

challenge the impugned order in any appeal that may be filed

against the final judgment and decree in the suit.

Sd/-

(R. NATARAJ) JUDGE

PMR