✦ Karnataka High Court

KARNATAKA v. BENGALURU - 560 023

Civil Revision Petition No. 358 of 2021XVI ADDITIONAL CITY CIVIL, SESSIONS2 min read

Case at a glance

Provisions considered

Judgment

1.

SRI. S. RAMAKRISHNA, S/O. LATE S. SAMPANGI RAMAIAH, AGED ABOUT 67 YEARS, RESIDING AT: NO. 34, GANIGARA A LANE, MBT STREET, NAGARATHPET CROSS, BENGALURU - 560 002.

2.

SRI. S. RAMAMURTHY, S/O. LATE S. SAMPANGI RAMAIAH, AGED ABOUT 57 YEARS, RESIDING AT: NO. 34, GANIGARA A LANE, MBT STREET, NAGARATHPET CROSS, BENGALURU - 560 002. (BY SRI. CHANDAN B.K., FOR SMT. SRUTI CHAGANTI, ADVOCATE) AND: SMT. REVATHI @ SARASWATHI S, D/O LATE S. SAMPANGI RAMAIAH, W/O. SRI. C.S. LOKESH @ LAKSHMANA, AGED ABOUT 52 YEARS, NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2024:KHC:27346 CRP No. 358 of 2021 RESIDING AT: NO. 41/3, 8TH CROSS, MAGADI ROAD, BEHIND ANJAN THEATRE, BENGALURU - 560 023. …RESPONDENT *** THIS CRP IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 06.08.2021 PASSED ON IA No.5 IN OS.No.137/2019 ON THE FILE OF THE XVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE IA No.5 FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SEC.151 OF CPC. THIS CRP, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

1. The petitioners are before this Court, seeking for the following reliefs: " (i) Set aside the order dated 06.08.2021 Learned XVI Additional city Civil and Sessions Judge (CCH-12), Bengalru, dated 06.08.2021 rejecting I.A.No.5 filed by thepetitioners under Order VII Rule 11(a) and (d) read with Section 151 of the code of Civil Procedure, 1908, in O.S.No.137/2019, produced herewith a ANNEXURE-A. (ii) Allow I.A.No.5 filed by the petitioners under Order VII Rule 11 (a) and (d) read with Section 151 of the Code of Civil Procedure, 108, produced herewith as ANNEXURE -D and reject the plaint in O.S.No.137/2019; (iii) Pass such others/directions as this Hon'ble Court may deem fit in the facts and circumstances of the case. " - 3 - NC: 2024:KHC:27346 CRP No. 358 of 2021

2. Learned counsel for the petitioners submits that the decree having been passed therein, the petition does not survive for consideration.

3.

Accepting the said submission, the petition dismissed as withdrawn. Sd/- JUDGE BMV* List No.: 7 Sl No.: 41 CT: BHK

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