Murugesha K.T. vs M. Siddaraju - 2026 Supreme(Online)(Kar) 27996

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Kar) 27996

THE HIGH COURT OF KARNATAKA
Vijaykumar A. Patil, J
Murugesha K.T. – Appellant
Versus
M. Siddaraju – Respondent
WP No. 739 of 2022

Important Points

A court may dismiss a legal proceeding as withdrawn upon a formal request by the petitioner's counsel, thereby terminating the adjudication of the merits of the case.

Subject

Civil Law - Withdrawal of Petition

Act Referred

Constitution of India: Art.227
Code of Civil Procedure, 1908: S.146, O.21 R.48

Headnote

This petition filed under Art. 227 of the Constitution of India challenges orders passed by the executing court regarding applications filed under S. 146 and O. 21 R. 48 of the CPC. The petitioner sought to challenge the legality of the lower court's execution proceedings. The central issue pertains to the maintainability of the challenge against interlocutory orders passed by the executing court. Given the request for withdrawal made by the legal counsel for the petitioner, the court did not deliberate on the merits of the procedural challenges. The petition is dismissed as withdrawn.

Advocates:
For the Appellants/Petitioners: Mohana Chandra P.

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.01.2021 AND 18.3.2021 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC T.N,.PURA IN EXECUTION NO.40/2016 BY ALLOWING IA NO.2 FILED UNDER SECTION 146 OF CPC AND IA NO.3 UNDER ORDER 21 RULE 48 OF CPC VIDE ANNEXURE-G AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the petition. The memo reads as under:

"The undersigned counsel for the petitioner prays that this Hon'ble Court be pleased to dismiss the petition as withdrawn in the interest of justice and equity".

In view of the memo, the petition is dismissed as withdrawn.