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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15 th DAY OF MARCH, 2016

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

WRIT PETITION NOS.12276-12277/2016 (GM-CPC)

BETWEEN:

MR. MOHAMMED IBRAHIM M S/O LATE IBRAHIM HAJI AGED ABOUT 47 YEARS R/AT BAITHUL SALAMATH PAVOOR COMPOUND B.T. ROAD, GATE P.O. UPPALA -671 322. ... PETITIONER

(BY SRI.PRASANNA V.R., ADVOCATE)

AND:

1. MRS. APARNA SHENOY W/O HARISH SHENOY AGED ABOUT 45 YEARS R/AT SAMARPAN RESIDENCE FLAT NO. 303, AMAR ALVA ROAD -575 001.

2. SRI M. VAIKUNTA BHAKTA S/O LATE LAXMAN VAIKUNTA BHAKTA, AGED ABOUT 80 YEARS R/AT BHAKTA MUTT POST STATE-671323.

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3. LAXMAN BHAKTA S/O SRI. M. VAIKUNTA BHAKTA, AGED ABOUT 37 YEARS R/AT BHAKTA MUTT POST MANJESHWAR KERALA STATE-671323.

4. M. JAYACHANDRA BHAGAT @ M.J. BHAGAT S/O LATE LAXMAN VAIKUNTA BHAKTA AGED ABOUT 70 YEARS R/AT ANNAPOORNA BEHIND URVA MARKET MANGALORE-575 006.

5. DR. ANJANA HEGDE W/O DR. PRATAP HEGDE AGED ABOUT 34 YEARS R/AT 6/4A, TELEGALA STREET UNENDERRA, 2526, NSW AUSTRALIA.

6. MOHAMMAD THASHIR HUSSAIN S/O LATE MOHAMMED YAKOOB SAHEB AGED ABOUT 61 YEARS II-HAM BAGH KABETTU CROSS ROAD KERALA-574 104.

7. MR. ALI KUTTY HUSAIN BEARY S/O HUSSAIN BEARY AGED ABOUT 65 YEARS R/AT AYSHA MANZIL IRSHAD ROAD UDYAWAR POST, MANJESHWAR KERALA-671 323. ...RESPONDENTS

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THESE WRIT PETITIONS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER DATED 06.02.2016 ON I.A IN O.S.NO.35/2014 PASSED BY THE LEARNED II ADDL. SR. CIVIL JUDGE, MANGALORE, D.K., AT ANNEXURE-A.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Learned counsel appearing for the petitioner after arguing the matter for sometime submits that he may be permitted to urge the grounds which are urged in the present writ petitions at the time of final arguments before trial Court and he may also be given an opportunity to cross-examine P.W.1. Memo filed to the said effect and same is placed on record.

2. In view of the same, writ petitions are dismissed as withdrawn. Liberty is granted to the petitioner to file an application for recall of P.W.1 and in the event of such an application being filed, trial Court shall consider the same favourably after affording an opportunity to the other side taking into account there

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was change of counsel during the midst of trial and as such P.W.1 was not cross-examined.

SD/- JUDGE

DR