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2025 DAILYLAW 24392 (KAR)

SMT. RADHA MUTHAIAH v. THE KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO OPERATIVE SOCIETY

WP/11362/2023 · 2025-02-04

K S Hemalekha

body2025

Judgment text

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- 1 - NC: 2025:KHC:5320 WP No. 11362 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.11362 OF 2023 (CS-RES) BETWEEN: SMT. RADHA MUTHAIAH W/O. SRI NAGESH K.L. AGED ABOUT 45 YEARS, PRESENTLY R/AT NO.16810, ROYAL POINCHIANA DR. WESTON FLORIDA 33326. REP. BY HER POWER OF ATTORNEY HOLDER SRI PRABHAKAR MUTHAIAH S/O. LATE NEELEGOWDA MUTHAIAH. R/AT NO.63, 5TH MAIN, 6TH CROSS, RPC LAYOUT, HAMPINAGAR, BENGALURU – 560 104. ... PETITIONER (BY SRI T. SESHAGIRI RAO, ADVOCATE) AND: THE KARNATAKA STATE JUDICIAL EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY, HAVING OFFICE AT NO.7/2, SURYA CHAMBERS, SOCIETY REGISTERED UNDER SOCITY REGISTRATION ACT IIND FLOOR, 1ST MAIN ROAD, SESHADRIPURAM, BENGALURU – 560 020. REPRESENTED BY ITS PRESEIDENT. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT SOCIETY TO EXECUTE THE SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY CONSIDERING THE REPRESENTATIONS DATED 07.04.2021 AND 18.10.2021 RESPECTIVELY TENDERED AT ANNEXURE-F AND G TO THE WRIT PETITION. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5320 WP No. 11362 of 2023 THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking permission of the court to withdraw the petition with liberty. 2. Memo is taken on record. 3. The memo reads as under: “The Petitioner above named submits as hereunder: It is submitted that, the Petitioner is before this Hon’ble Court seeking a writ of mandamus against the Respondent Society. It is submitted that, the petitioner be granted liberty to approach appropriate forum to seek out her remedy in accordance with law. That apart, the time spent before this Hon’ble Court in the above writ petitioner be excluded in calculating the period of limitation. Hence, the present memo. Wherefore, it is most humbly prayed that, this Hon’ble Court may be pleased to receive this memo - 3 - NC: 2025:KHC:5320 WP No. 11362 of 2023 on record and pass just and necessary orders and the writ petition be withdrawn as liberty sought, in the interest of justice and equity.” 4. In view of the memo filed, writ petition is dismissed as withdrawn with liberty as prayed for. Sd/- _______________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 6