Karnataka High Court
WP/29117/2023 of SRI LAKSHMINARAYAN Vs MS N RANJINI D/O T. NARAYAN on 28 December 2023
2023:KHC:47032 WP No. 29117 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 29117 OF 2023 (GM-CPC) BETWEEN: SRI. LAKSHMINARAYAN, S/O. NARASIMHAMURTHY AGED ABOUT 49 YEARS R/AT: NO.704,
Digitallysigned bySUMA B NLocation:High Courtof Karnataka IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28[TH] DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
-WRIT PETITION NO. 29117 OF 2023 (GMCPC)
BETWEEN:
SRI. LAKSHMINARAYAN, S/O. NARASIMHAMURTHY AGED ABOUT 49 YEARS R/AT: NO.704, THIMMAIAH ROAD, PADMANABHA NAGAR, BENGALURU - 560 070.
…PETITIONER
(BY SRI. SURESH.S.LOKRE, SENIOR COUNSEL FOR SMT. MANJULA DEVI M.G., ADVOCATE)
AND:
1. MS. N.RANJINI D/O T.NARAYAN,
AGED ABOUT 40 YEARS,
R/AT: NO.298, 26[TH] CROSS, BSK II STAGE, BENGALURU - 560070.
2. SRI. B.N.NANJUNDASWAMY S/O. LATE NANJUNDAIAH AGED ABOUT 60 YEARS R/AT: NO.21/38/1C, KADIRENAHALLI LAYOUT, PADMANABHANAGAR, BENGALURU - 560020. S/O. LATE NANJUNDAIAH AGED ABOUT 60 YEARS R/AT: NO.21/38/1C, KADIRENAHALLI LAYOUT, PADMANABHANAGAR, BENGALURU - 560020.
…RESPONDENTS
NC: 2023:KHC:47032
(BY SRI. RAGHAVENDRA.S., ADVOCATE FOR C/R1)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 16.11.2023 PASSED BY THE III ADDL CITY CIVIL AND SESSIONS COURT AND CCHP-25 BENGALURU THERE BY RESTORE THE SAID APPLICATION FILED UNDER ORDER XXI RULE 97 OF CPC AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
After arguing the matter for sometime, Sri. Suresh S. Lokre, learned Senior counsel appearing for the petitioner seeks leave of this Court to withdraw the petition with liberty to avail of such remedy, as is available in law.
2. Learned Senior counsel in the meanwhile submits that the respondents be directed not to precipitate the matter, as the petitioner is in possession of the property.
3. In response, learned counsel appearing for the petitioner submits that a Special Leave Petition is pending before the Supreme Court and the same is listed on 02.01.2024 and even otherwise the petitioner may not be able to do anything, till the disposal of special leave petition.
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NC: 2023:KHC:47032
WP No. 29117 of 2023
4. The submission is taken on record.
5. Accordingly, the petition is disposed of as withdrawn with liberty as sought for.
Sd/- JUDGE
JY List No.: 1 Sl No.: 12 CT:SNN