Dismissed

Sri. Lakshman Naik, v. Smt. Divya

Karnataka HC21 Nov 2023CRP/704/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a civil revision petition against an order rejecting an application under Civil Procedure Code provisions. The court held the revision was not maintainable as a specific appeal remedy was available. Time spent was directed to be deducted for calculating appeal limitation.

What did the court decide?

Revision dismissed due to lack of maintainability; petitioner allowed to file appropriate appeal.

Sri. Lakshman Naik, Vs Smt. Divya — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:41740 CRP No. 704 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CIVIL REVISION PETITION NO. 704 OF 2023

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BETWEEN:

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SRI. LAKSHMAN NAIK, S/O RAMA NAIK, AGED ABOUT 40 YEARS, R/O NO.1974, 15^TH CROSS, ANJANEYA LAYOUT, DAVANAGERE.

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…PETITIONER

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(BY SRI. CHANDRA SEKHAR T.A., ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SMT. DIVYA, W/O SRI. LAKSHMAN NAIK, AGED ABOUT 40 YEARS, R/O NO.744, 'SRIHARI NIVASA', 2^ND A MAIN, OMBR LAYOUT, NEAR RAMAMURTHI NAGAR BRIDGE, BANASAVADI, BENGALURU - 560 043.

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…RESPONDENT

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THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 03.10.2023 PASSED IN CIVIL. MISC.NO.6/2022 ON THE FILE OF THE JDUGE, FAMILY COURT, DAVANAGERE, DISMISSING THE PETITION FILED UNDER ORDER IX RULE 9 OF CPC.

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NC: 2023:KHC:41740 CRP No. 704 of 2023

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This revision petition is filed challenging the order passed by the Trial Court rejecting an application filed under Order IX Rule 9 of CPC.

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The registry has raised an objection regarding maintainability in view of the specific provision of an appeal provided under order 43 Rule 1(c) of CPC. In that view of the matter, this revision petition is not maintainable. Consequently, this revision petition is dismissed.

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However, the petitioner is permitted to file an appropriate appeal challenging the impugned order in accordance with law. The registry is directed to return the impugned order to the learned counsel for the petitioner after retaining a photo copy.

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The registry is directed to return the certified copy of the impugned order. The time consumed in

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NC: 2023:KHC:41740 CRP No. 704 of 2023

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pursuing this revision petition shall be deducted by calculating the limitation for appeal under Order 43 Rule 1(c) of CPC.

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Sd/JUDGE

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KBM List No.: 1 Sl No.: 8 CT:SNN

Sri. Lakshman Naik, v. Smt. Divya

Case brief

What is this about?

What did the court decide?

Sri. Lakshman Naik, v. Smt. Divya

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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