SHANKRAPPA Vs. BANGAREWWA

JUDGEMENT

(1.) Sri.Mahantesh Patil., learned counsel for the petitioner, Sri.Veeranagouda Malipatil., learned HCGP for respondent No.6 and Sri.Sanganabasava B.Patil., learned counsel for respondents 4 & 7 have appeared in person.

(2.) Counsel Sri.Mahantesh Patil., submits that the captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dtd.:23/11/2021 passed by the Court of IV Addl. District Judge, Vijayapura on I.A.No.1 in R.A.No.53/2019 whereby the Appellate Court declined to condone the delay and consequently dismissed the appeal as time barred.

(3.) Learned counsel further submits that a memo has been filed stating that due to bonafide mistake the Writ Petition is filed instead of filing a Regular Second Appeal under Sec. 100 of CPC. Hence, petitioner may be permitted to withdraw the Writ Petition with a liberty to file a Regular Second Appeal. Counsel therefore, submits that the memo may be placed on record and the Writ Petition may be dismissed as withdrawn.