The High Court of Karnataka dismissed a civil revision petition under Section 115 of Cr.P.C. as not maintainable because the challenge was to a finding on an additional issue in a concluded judgment with no pending proceedings.
The civil revision petition is dismissed for lack of maintainability as no proceedings are pending before the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:44154 CRP No. 711 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CIVIL REVISION PETITION NO. 711 OF 2023 (IO)
BETWEEN:
SMT. GAJALAKSHMI N, W/O SRI. L. C. SATHISHA, AGED ABOUT 44 YEARS, RESIDING AT NO.1485/1, ARAVINDANAGAR, KAMMANAHALLI, BENGALURU - 560 084.
…PETITIONER
(BY SRI. P PRASAD, ADVOCATE FOR GUHA ASSOCIATES)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
SON OF SRI. B. NARASIMHA REDDY, AGED ABOUT 72 YEARS, RESIDING AT NO.19/7, MYSORE DEVIATION ROAD, GOPALAPURAM, MAGADI ROAD, BENGALURU - 560 023.
WIFE OF SRI. N. NAGARAJ, AGED ABOUT 68 YEARS, R/AT NO.302, GANESH RESIDENCY, 13TH CROSS, 4TH MAIN, MALLESWARAM, BENGALURU - 560 003.
NOS. 3 TO 6 ARE THE ONLY LEGAL REPRESENTATIVES AND RESIDING AT SATHYA CARNATION APARTMENTS, NO.8, 9 AND 10, SATHYA ENCLAVE, HENNUR MAIN ROAD, GEDDALAHALLI, BENGALURU - 560 043.
RESIDING AT NO.15/1, SUBBAIAH REDDY ROAD, ULSOOR, BENGALURU - 560 008.
…RESPONDENTS
THIS CIVIL REVISION PETITION IS FILED U/S 115 OF CR.P.C, PRAYING TO CALL FOR RECORDS OF OS NO.2055/2007 IN THE COURT OF XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BANGALORE CITY (CCH7).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed challenging the findings on additional issue No.1 in the judgment and decree dated 28.08.2023 passed by the XXII Additional City Civil and Sessions Judge at Bengaluru City (CCH-7) in OS No.2055/2007.
NC: 2023:KHC:44154 CRP No. 711 of 2023
RFA No.2297/2023. If that be so, the petitioner is always entitled to challenge the findings on additional issue No.1 in RFA No.1978/2023 and RFA No.2297/2023 by filing appropriate cross-objection or a cross appeal.
Sd/JUDGE
KBM List No.: 1 Sl No.: 32 CT: BHK
1 issue framed by the court
Whether a civil revision petition filed under Section 115 of Cr.P.C. challenging findings on an additional issue in a judgment where no proceedings are pending before the trial court is maintainable.
1 provisions across 1 enactments
SMT. GAJALAKSHMI N
N. NAGARAJ
SMT. JAYALAKSHMI
SMT. SARALA
SMT. PREMA
NAVEEN
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
