01Facts
The petitioners invoked Article 227 of the Constitution to challenge an ex parte ad-interim order dated 8 September 2026, passed on I.A. No. II in O.S. No. 570 of 2026 by the III Additional Civil Judge and JMFC, Udupi.
p. 10At the hearing, petitioners’ counsel filed a memo seeking leave to withdraw the writ petition.
p. 1002Issues
i.1. Whether the petitioners should be permitted to withdraw the writ petition challenging the trial court’s ex parte ad-interim order.
p. 10ii.2. Whether the petitioners should be granted liberty to pursue an appropriate appeal or petition before the jurisdictional court.
p. 1003Law Applied
The petition was brought under Article 227 of the Constitution, but the Court did not examine or decide the merits of the challenge to the trial court’s order.
p. 10The writ petition was disposed of on the basis of the petitioners’ withdrawal memo; no substantive legal rule or precedent was applied.
p. 1004Reasoning
The petitioners expressly sought leave to withdraw the writ petition. The Court took the memo on record and, without adjudicating the validity of the impugned interim order, dismissed the petition as withdrawn.
p. 10It granted liberty to the petitioners to file an appropriate appeal or petition before the jurisdictional court.
p. 1005Holding
The writ petition was dismissed as withdrawn.
p. 10The petitioners were granted liberty to file an appropriate appeal or petition before the jurisdictional court.
p. 10Original Court PDF
MR SHEIK MOHAMMAD IMRANvsM/S FIZA DEVELOPERS AND CONSULTANCY
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