The High Court of Karnataka disposed of the Civil Revision Petition filed under Section 115 of the CPC against an order dismissing a plaint. The court allowed the withdrawal of the petition, reserved liberty to appeal, and directed deduction of time consumed against limitation.
Petition dismissed as withdrawn with liberty to appeal.
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:43383 CRP No. 718 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CIVIL REVISION PETITION NO. 718 OF 2023
BETWEEN:
SMT. ARPEETHA, W/O. THYAGARAJ, D/O. LATE JAYANNA, AGED ABOUT 31 YEARS, R/AT MAGADI VILLAGE, KASABA HOBLI, SAKALESHPURA TALUK - 573 127.
…PETITIONER
(BY SMT. H.C. LOKESHWARI, ADVOCATE FOR SRI. RAVISHANKAR A., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 10.08.2023 PASSED ON IA NO.V IN OS NO.35/2021 ON THE FILE OF CIVIL JUDGE AND JMFC, SAKALESHPURA., ALLOWING THE IA NO.V FILED UNDER ORDER VII RULE 11(d) R/W SEC.151 OF CPC AND UNDER SEC.10-A KARNATAKA LAND GRABBING PROHIBITION (AMENDMENT) ACT 2020 FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner seeks permission to withdraw this petition and also seeks liberty to file appropriate appeal before the appropriate Appellate Court.
NC: 2023:KHC:43383 CRP No. 718 of 2023
calculating limitation applicable to any appeal that may be
filed.
the impugned order and all other original documents to the learned counsel for the petitioner after retaining photo
copies.
Sd/JUDGE
PHM List No.: 1 Sl No.: 9 CT:SNN
2 issues framed by the court
Whether a civil revision petition seeking withdrawability of permission to recall dismissal of plaint.
Whether to reserve liberty to file appeal and withdraw status of time consumed.
3 provisions across 2 enactments
SMT. ARPEETHA
PANCHAYATHI DEVELOPMENT OFFICER
THE EXECUTIVE OFFICER
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
