1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 14 th DAY OF AUGUST, 2014 BEFORE THE HON’BLE MR.JUSTICE S.ABDUL NAZEER CIVIL MISCELLANEOUS PETITION No.28 OF 2012 BETWEEN: M.RATNAVARMA PADIVAL, S/O LATE M.NEMIRAJA PADIVAL, AGED 80 YEARS, M/S.PADIVAL BROTHERS, 305A, 3 RD FLOOR, CRYSTAL ARC, BALMATTA ROAD, MANGALORE – 575001. … PETITIONER (BY SRI K.SHRIHARI, ADV.) AND 1 M/S.BALLAL AND PADIVAL TILES, POST GANJIMUTT, MANGALORE TALUK – 574144. 2 MR.M.JEEVANDHAR KUMAR, S/O CHANDAYYA HEGDE, HOSAMANE HOUSE, POST SHIRBRIKERE, THENKA YEDAPADAVU, DAKSHINA KANNADA DISTRICT. 3 MRS.SUMATHI BALLAL, MAJOR, W/O LATE DR.K.RATHNARAJA BALLAL, SHIVABHAG, KADRI, MANGALORE – 575 003. 4 MR. K.VIJAYALAXMI, W/O LATE DR.NABHIRAJA ARIGA 2 MAJOR, VIJAYA MAHAL, KADRI ROAD, MANGALORE – 575 004 5 MRS.VANAMALA, W/O LAE K.MANIKYARAJA BALLAL, MAJOR, 3/A, KRISHNAMMA ROAD, NUNGAMBAKKAM ROAD, CHENNAI – 600 001. 6 MRS.M.KAMALA, W/O LATE ANANTHRAJA PADIVAL, MAJOR, SHIVABHAG, KADRI, MANGALORE – 575 003. 7 MRS.M.VIMALA, W/O M.K.SHRIDHAR, MAJOR, LAXMI SAGAR, KONCHADY, MANGALORE – 575 008. 8 MRS.M.LEELADEVI, W/O LATE B.GUNAPAL, MAJOR, “SEEMA”, YEYYADI, MANGALORE – 575 008. 9 M.RANADHIR, S/O LATE B.GUNAPAL, MAJOR, “SEEMA” YEYYADI, MANGALORE – 575 008. 10 JITHENDRA PADIVAL, S/O LATE M.VASUPALA PADIVALA, MAJOR, SHIRTHADY DAKSHINA KANNADA. 11 JAYASHREE BALLAL, W/O K.B.YUVARAJ BALLAL, MAJOR, H.NO.3100, VI B MAIN ROAD, 13 TH CROSS, HAL 2 ND STAGE, INDIRANAGAR, BANGALORE – 38. 12 K.VYJAYANTHI BALLAL, W/O M.SHANTIPRASAD PADIVAL, MAJOR, LAXMI NIVAS, KODIALBAIL, MANGALORE – 575 003. 3 13 K.GAUTAM BALLAL, S/O LATE K.MANIKYARAJ BALLAL, MAJOR, 3/A, KRISHNAMMA ROAD, NUNGAMBAKKAM ROAD, CHENNAI – 600 001. 14 M. NEMINATH PADIVAL, S/O LATE M.D.PADIVAL, MAJOR, OPPOSITE ALL INDIA RADIO, KADRI HILLS, MANGALORE. 15 S.DHARMASAMRAJYA, S/O DEVARAJA SEMITHA, MAJOR, R/A SHIRADY, BELTHANGADY TALUK, D.K.DISTRICT. 16 M.GUNAPAL PADIVAL, S/O NEMIRAJ PADIVAL, MAJOR, R/A PADIL, MANGALORE D.K. DISTRICT – 575007 17 SHUSHEELA DEVI W/O M.DHARMAPAL R/A KADRI HILLS, MANGALORE – 575004 SINCE DEAD BY HER LR RESPONDENT NO.14 … RESPONDENTS (BY SRI K.CHANDRANATH ARIGA, ADV. FOR R2-R8, R11-R14 R1, R9, R10 SERVED VIDE ORDER DATED 14.2.14 PETITION DISMISSED AGAINST R16 VIDE ORDER DATED 1.2.13, R14 IS LR OF DECEASED R17) THIS CMP IS FILED UNDER SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO APPOI`NT SRI K.PREMNATH, ADVOCATE, 1 ST FLOOR, BESANT COMPLEX, M.G.ROAD, KODIALBAIL, MANGALORE – 575003 AS ARBITRATOR AND ETC. 4 THIS CMP COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING: O R D E R Learned counsel for the petitioner has filed a memo seeking permission of this Court to withdraw the above civil miscellaneous petition with liberty to file a fresh civil miscellaneous petition. 2. The memo is placed on record. The Civil Miscellaneous Petition is dismissed as withdrawn with liberty as above. All contentions are kept open. No costs. Sd/- JUDGE KLY/ .