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IN THE HIGH COURT OF AT

DATED THIS THE 21 st DAY OF MARCH, 2013

B E F O R E

THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

WRIT PETITION NO.9882/2012 (GM-CPC)

BETWEEN:

SMT. V VENKATAMMA W/O K C SRINIVASA GOWDA AGED ABOUT 55 YEARS R/O KADENAHALLI, BYRAKUR HOBLI TALUK DISTRICT. ... PETITIONER

(BY SRI N.S. SHESHADRI, ADV.)

AND:

1. SRI K.PRASANNA KUMAR, S/O V KRISHNAPPA AGED ABOUT 33 YEARS R/O. THATNAGUNE VILLAGE AVANI HOBLI, MULBAGAL TALUK KOLAR DISTRICT.

2. SRI BALASUBRAMANI, S/O LATE SUBBANNA AGED ABOUT 49 YEARS R/O BYRAKUR VILLAGE MULBAGAL TALUK KOLAR DISTRICT. … RESPONDENTS

(BY SRI UMESH B.N. FOR SRI M.NARAYANA REDDY, ADV. FOR R1; R2 SERVED BUT UNREPRESENTED)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO CALL FOR THE CONCERNED RECORDS. QUASH THE ORDER DATED 23.2.2012 PASSED BY THE PRL. CIVIL JUDGE (JR.DN.) MULBAGAL ON I.A. NO.7 2

FILED UNDER ORDER 3 RULE 2 (a) R/W SECTION 151 OF CPC IN O.S.NO.196/2010 AS PER ANNEXURE-G, AND CONSEQUENTLY ALLOW I.A. NO.7 FILED BY THE PETITIONER.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned advocate appearing for the petitioner seeks permission to withdraw the writ petition by reserving liberty to the petitioner to seek appointment of an

Advocate as Court Commissioner to record the evidence of the 2 nd defendant who is suffering from ill-health– bilateral

Osteoarthritis/COPD/IHD.

Submission of the learned counsel is recorded.

Writ petition is dismissed as withdrawn.

If an application is filed, seeking appointment of a

Court Commissioner to record the evidence of the 2 nd defendant, the Trial Court shall consider the same in accordance with law, particularly on account of the view it has taken on I.A.7.

Sd/- JUDGE sac*