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2025 DAILYLAW 78368 (KAR)

SRI NEELAKANTA v. SRI MARIYAPPA

WP/14174/2024 · 2025-09-01

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34228 WP No. 14174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14174 OF 2024 (GM-CPC) BETWEEN: SRI. NEELAKANTA S/O LATE MYLARAIAH B N AGED ABOUT 53 YEARS, AGRICULTURIST BY OCCUPATION R/O SANJEEVANAGARA, KUDLIGERE HOBLI DEVANAHALLI POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301. …PETITIONER (BY SRI. KARTHIK S. TAYUR, ADVOCATE) AND: 1. SRI. MARIYAPPA, S/O HANUMANTHAPPA AGED ABOUT 77 YEARS, R/O SANJEEVANAGARA, KUDLIGERE HOBLI DEVANAHALLI POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301. 2. SRI. HANUMANTHAPPA S/O HANUMANTHAPPA Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34228 WP No. 14174 of 2024 AGED ABOUT 72 YEARS, R/O SANJEEVANAGARA, KUDLIGERE HOBLI DEVANAHALLI POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER ON IA NO. IX (ANNEXURE-E) DATED 20.3.24 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC AT BHADRAVATHI SHIVAMOGGA DISTRICT IN OS NO. 200/2017, AND ALLOW THE SAID IA NO. IX (ANNEXURE-C) PERMITTING THE PROPOSED AMENDMENTS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: - 3 - HC-KAR NC: 2025:KHC:34228 WP No. 14174 of 2024 "MEMO FOR WITHDRAWAL 1. The 3rd Additional Civil Judge and JMFC at Bhadravathi has on 19.07.2024 allowed the IA No.X filed by the Plaintiff (Petitioner herein) under Order 23 Rule 1 (3) seeking permission of the Court to withdraw the suit in OS No.200/2017 with liberty to file fresh suit. Therefore the suit in OS No.200/2017 on the file of the 3rd Additional Civil Judge and JMFC at Bhadravathi has come to be disposed off, and in the result the present writ petition arising from the same has become infructuous. 2. Therefore, on behalf of the petitioner it is submitted that the petitioner may be permitted to withdraw the present writ petition, as the same has become infructuous." In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 3 Sl No.: 17 CT: BHK