Case Note & Summary
The petitioner, Sri. Sadananda, filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging an order dated 18.03.2020 passed by the Principal Senior Civil Judge at Mangaluru in R.A.No.1/2020, which dismissed I.A.II filed by the plaintiff/petitioner. The petitioner was represented by Sri. R.S. Ravi, appearing on behalf of Sri. Roopesha B. The respondent, Mr. Marian Paris Bhatt, was represented by Sri. Abhishek Marla M.J. as caveator/respondent. During the preliminary hearing, the petitioner's counsel submitted that he may be permitted to withdraw the writ petition with liberty to file a Miscellaneous Appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (CPC). The court accepted the submission and dismissed the writ petition as withdrawn, reserving liberty to the petitioner to file a Miscellaneous Appeal under Order XLIII Rule 1 CPC. The court also directed the registry to return certified copies of documents produced by the petitioner along with the writ petition, retaining copies of the same. The judgment is brief and does not discuss the merits of the case, as the petitioner chose to pursue an alternative remedy.
Headnote
A) Civil Procedure Code, 1908 - Order XLIII Rule 1 - Alternative Remedy - Withdrawal of Writ Petition - Petitioner sought to withdraw writ petition under Article 227 with liberty to file miscellaneous appeal under Order XLIII Rule 1 CPC against order dismissing IA II in R.A.No.1/2020 - Court permitted withdrawal and dismissed writ petition as withdrawn reserving liberty to file miscellaneous appeal - Held that petitioner may pursue alternative remedy (Paras 1-2).
Issue of Consideration
Whether the writ petition under Article 227 should be entertained or the petitioner be permitted to withdraw and file a miscellaneous appeal under Order XLIII Rule 1 CPC.
Final Decision
Writ petition is dismissed as withdrawn reserving liberty to the petitioner to file Miscellaneous Appeal under Order XLIII Rule 1 of CPC. Registry directed to return certified copies of documents produced by the petitioner along with the writ petition by retaining copies of the same.
Law Points
- Withdrawal of writ petition with liberty to file appeal
- Alternative remedy under Order XLIII Rule 1 CPC
- Article 227 of Constitution of India
Case Details
2020 LawText (KAR) (07) 176
Writ Petition No.7896 of 2020 (GM-CPC)
Sri. R.S. Ravi for Sri. Roopesha B (for petitioner), Sri. Abhishek Marla M.J. (for respondent/caveator)
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Nature of Litigation
Civil writ petition under Article 227 of the Constitution of India challenging an order dismissing I.A.II in a civil appeal.
Remedy Sought
Petitioner sought to quash the order dated 18.03.2020 passed in R.A.No.1/2020 by the Principal Senior Civil Judge at Mangaluru dismissing I.A.II.
Filing Reason
The petitioner was aggrieved by the dismissal of I.A.II in the civil appeal.
Previous Decisions
The Principal Senior Civil Judge at Mangaluru had dismissed I.A.II in R.A.No.1/2020 on 18.03.2020.
Issues
Whether the writ petition under Article 227 should be entertained or the petitioner be permitted to withdraw and file a miscellaneous appeal under Order XLIII Rule 1 CPC.
Submissions/Arguments
Petitioner's counsel submitted that he may be permitted to withdraw the writ petition with liberty to file a Miscellaneous Appeal under Order XLIII Rule 1 of CPC.
Ratio Decidendi
The court permitted withdrawal of the writ petition to allow the petitioner to pursue the alternative remedy of filing a miscellaneous appeal under Order XLIII Rule 1 CPC, as the petitioner's counsel sought such liberty.
Judgment Excerpts
Sri.R.S.Ravi, learned counsel appearing on behalf of Sri.Roopesha B, learned counsel, submits that he may be permitted to withdraw the writ petition with liberty to file Miscellaneous Appeal under Order XLIII Rule 1 of CPC.
Writ petition is dismissed as withdrawn reserving liberty to the petitioner to file Miscellaneous Appeal under Order XLIII Rule 1 of CPC.
Procedural History
The petitioner filed a writ petition under Article 227 of the Constitution of India challenging an order dated 18.03.2020 passed by the Principal Senior Civil Judge at Mangaluru in R.A.No.1/2020 dismissing I.A.II. During the preliminary hearing, the petitioner's counsel sought permission to withdraw the writ petition with liberty to file a miscellaneous appeal under Order XLIII Rule 1 CPC. The court allowed the withdrawal and dismissed the writ petition as withdrawn with the said liberty.
Acts & Sections
- Code of Civil Procedure, 1908: Order XLIII Rule 1
- Constitution of India: Article 227
