Smt Lakshinarasamma vs The State Of Karnataka
2024 Latest Caselaw 25606 Kant

Karnataka High Court

Smt Lakshinarasamma vs The State Of Karnataka on 28 October, 2024

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                                                    NC: 2024:KHC:43476-DB
                                                     WA No. 1231 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 28TH DAY OF OCTOBER, 2024

                                       PRESENT

                      THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

                                         AND

                         THE HON'BLE MR JUSTICE K. V. ARAVIND

                        WRIT APPEAL NO. 1231 OF 2024 (KLR-RES)


               BETWEEN:
               1.   SMT. LAKSHINARASAMMA
                    WIFE OF LATE L. KRISHNAMURTHY
                    AGED ABOUT 70 YEARS
                    NEAR SVN ENGLISH HIGH SCHOOL
                    THANISANDRA
                    BENGALURU - 560 077

                                                             ...APPELLANT

               (BY SRI ROHIT V.R., ADVOCATE FOR
Digitally          SRI UDITA RAMESH, ADVOCATE)
signed by
PRABHAKAR
SWETHA         AND:
KRISHNAN       1.   THE STATE OF KARNATAKA
Location:           REPTD. BY ITS CHIEF SECRETARY
High Court          VIDHANA SOUDHA
of Karnataka        DR. B.R. AMBEDKAR ROAD
                    BENGALURU - 560 001.

               2.   THE DEPUTY COMMISSIONER
                    BENGALURU URBAN DISTRICT
                    REVENUE BHAVAN
                    K.G.ROAD
                    BENGALURU - 560 001.
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                                     NC: 2024:KHC:43476-DB
                                      WA No. 1231 of 2024




3.   THE ASSISTANT COMMISSIONER
     BENGALURU NORTH SUB DVN.
     TALUK OFFICE BUILDING
     KANDAYA BHAVAN
     BENGALURU - 560 001.

4.   THE TAHASILDAR
     BENGALURU EAST TALUK
     K.R. PURAM
     BENGALURU - 560 036.

5.   SRI M.R. MANJUNATH
     SON OF LATE M.N. RAMANNA
     AGED ABOUT 60 YEARS
     RESIDING AT NO.158
     MEDAHALLI VILLAGE
     BENGALURU - 560 049.

6.   SRI M. SRINIVAS
     SON OF LATE B.R. MUNIYAPPA
     AGED ABOUT 70 YEARS
     RESIDING AT NO.25
     SRI VINAYAKA LAYOUT
     NEAR DEEPA HOSPITAL
     K.R.PURAM EXTN.
     K.R.PURAM BENGALURU - 560 036
                                          ...RESPONDENTS

(SRI K.S. HARISH, ADDITIONAL GOVERNMENT ADVOCATE FOR
 R2 TO R4 AND
 SRI DAYAYANDA K.G., FOR SMT. VANDANA, ADVOCATE
 FOR C/R6)

      THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO CALL FOR RECORDS PERTAINING TO
WP NO.52714/2019 AND SET ASIDE THE IMPUGNED ORDER DATED
22/07/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.52714/2019 AND ETC.

      THIS APPEAL, COMING ON FOR ADMISSION HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                           NC: 2024:KHC:43476-DB
                                             WA No. 1231 of 2024




CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND

                       ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Learned advocate for the appellant files memo dated

28.10.2024 which reads as under,

"The undersigned Counsel for Appellant herewith submits that this court may be pleased to dismiss the present appeal as withdrawn with the liberty to further prosecute O.S.No.1541/2014 and it may be also be noticed in the order that the Trial Court will not be influenced by the observations made by the learned Single Judge."

2. As per the memo, permission is prayed for to withdraw the

appeal and to further prosecute O.S. No.1541 of 2014.

3. Permission is granted.

4. The writ appeal stands dismissed as withdrawn.

It is observed that O.S. No.1541 of 2014 may proceed to be

decided on its own merits.

NC: 2024:KHC:43476-DB

In view of dismissal of the appeal, the interlocutory

application would not survive and it stands accordingly disposed of.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

CR