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2025 DAILYLAW 25458 (KAR)

VEDESH GOWDA v. NIL

WP/13108/2025 · 2025-06-26

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:22421 WP No. 13108 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13108 OF 2025 (GM-RES) BETWEEN: 1. VEDESH GOWDA S/O LATE M.SUBRAMNI AGED ABOUT 16 YEARS, REPRESENTED BY HIS NATURAL GUARDIAN / MOTHER RAJANI.G …PETITIONER (BY SRI. A KESHAVA BHAT, ADVOCATE) AND: NIL …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO G AND WC NO. 92/2024 FROM THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU AND ON PERUSAL OF THE SAME. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22421 WP No. 13108 of 2025 ORAL ORDER Learned counsel for the petitioner files a memo and submits that in light of the office objection raised, petitioner may be relegated to avail of the alternative remedy. 2. The memo reads as follows: "The above writ petition has been filed challenging the order of dismissal of petition filed by the petitioner under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 in G & WC 92/2024 by the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. Since the said order is appealable under Section 8(5)(c) of the of the Hindu Minority and Guardianship Act, 1956, the petitioner intends to withdraw the above writ petition and prosecute the same through an appeal provision under Section 8(5)(c) of the of the Hindu Minority and Guardianship Act, 1956. Hence the petitioner may kindly be permitted to withdraw the above writ petition with liberty to - 3 - HC-KAR NC: 2025:KHC:22421 WP No. 13108 of 2025 prosecute the same through an appeal under Section 8(5)(c) of the of the Hindu Minority and Guardianship Act, 1956, in the interest of justice." 3. In light of the memo filed, petition is disposed off as not calling for adjudication reserving liberty to the petitioner to take appropriate proceedings as against the impugned order as is permissible in law. Registry to return the original / certified copies, if any after retaining Photostat copies for reference. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP