SRI. SHANMUKHAPPA.,ADVOCATE) v. R2-SERVED)

SMT. N RAMANI W/O SHRI K V VENKATASWAMY PRESENT AGED ABOUT 70 YEARS, PRESENT ADDRESS R/O NO.36, RAMAKRISHNAPPA ROAD COX TOWN, BENGALURU-560005 (BY SRI. THEJESH K. REDDY., ADVOCATE FOR SRI. SHANMUKHAPPA.,ADVOCATE) …PETITIONER AND:

#1. SHRI K RAJU S/O SHRI KRISHNAPPA M AGED ABOUT 63 YEARS, PRESENTLY R/O NO.151, KADIRAPPA ROAD DODDIGUNTA, COX TOWN SARVAGNANAGAR BENGALURU-560005 NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

#2. SMT VAANTHAMMA D/O LATE KRISHNAPPA W/O SRI VENKATARAVAAPPA AGED ABOUT 67 YEARS, PRESENTLY R/AT NO.1143 KATALADINNE HOSUR GOWRIBIDANUR TALUK CHIKKAMBALLAPUR DISTRICT-562101

#3. SMT SUMITHRA D/O LATE KRISHNAPPA - 2 - NC: 2024:KHC:27412 CRP No. 487 of 2019 AGED ABOUT 67 YEARS, R/AT NO.52 KRISHNAIAHANAPALYA NGEF LAYOUT BANGALORE-560038 (BY SMT. AISHWARYA HEGDE., ADVOCATE FOR SRI. SATISH K.,ADVOCATE FOR R1; R2-SERVED) …RESPONDENTS THIS CRP FILED UNDER SECTION 115 OF CPC PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE IMPUGNED ORDER DATED 21.09.2019 PASSED BY THE LEARNED VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU IN O.S.NO.8427/2011 AND ALLOWING THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 7 RULE 11(a),(b) AND (d) OF THE CPC BY ALLOWING THIS REVISION PETITION AND GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRP, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. The petitioner is before this Court seeking for the following reliefs; Wherefore, it is prayed that this Hon’ble Court be pleased to call for the relevant records and set-aside the impugned order dated 21.9.2019 passed by the learned VIII Additional City Civil and Sessions Judge Bengaluru in O.S.No.8427/2011 and allowing the Application filed by the petitioner under Order 7 Rule 11(a), (b) and (d) of the CPC by allowing this Revision Petition and grant such other relief or reliefs as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.

#2. The suit in OS No.8427/2011 from out of which the above petition arises is stated to have been disposed - 3 - NC: 2024:KHC:27412 CRP No. 487 of 2019 and a Regular First Appeal has been filed. In that view of the matter, the above petition has been rendered infructuous. The petition is dismissed as infructuous. Reserving liberty to the petitioner to raise the grounds raised in the present petition in the appeal if so, filed.

#3. In view of dismissal of the main petition, the pending IA does not survive for consideration. Hence, IA stands dismissed. Sd/- JUDGE SR List No.: 1 Sl No.: 17