Disposed

Smt. Savithramma v. Smt. Saraswathi

Karnataka HC12 Dec 2023WP/560/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, in Writ Petition No. 560 of 2023, disposed of the petition by an order dated 12-12-2023. The court granted liberty to the petitioners to revive the petition if their appeal against the rejection of their plaint in the trial court is allowed.

What did the court decide?

Liberty granted to revive the petition in the event that the appeal against the rejection of the plaint is allowed by this Court.

Smt. Savithramma Vs Smt. Saraswathi — Civil Procedure and Limitation | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:45200 WP No. 560 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF DECEMBER, 2023 BEFORE

¶4

THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 560 OF 2023 (GM-CPC)

¶5

BETWEEN:

¶6

SMT. SAVITHRAMMA W/O LATE MADHAVARAO AGED ABOUT 77 YEARS (SINCE DECEASED BY HER LRS

¶7

PETITIONERS 1 AND 2)

¶8

SRI. VENKATESH .A S/O LATE ASHWATHALAKSHMI AND G. ASHWATH AGED ABOUT 33 YEARS

¶9

SRI. VISHWA .A S/O LATE ASHWATHALAKSHMI AND G. ASHWATH AGED ABOUT 30 YEARS

¶10

Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA

¶11

ALL ARE R/AT RENUKA NILAYA ANJANEYASWAMY TEMPLE STREET KARKALLAHALLI VILLAGE KASABA HOBLI, GOWRIBIDANUR TALUK CHIKKABALLAPURA TALUK

¶12

…PETITIONERS

¶13

(BY SRI PAVAN N., FOR SRI ASHOK B PATIL.,ADVOCATES)

¶14

AND:

¶15

SMT. SARASWATHI W/O LATE RANGARAO AGED ABOUT 66 YEARS SINCE DECEASED BY HER LRS R1 TO R4

¶16

2 - NC: 2023:KHC:45200 WP No. 560 of 2023

¶17

SRI.C.R. ASHWATHNARAYANA S/O LATE RANGARAO AGED ABOUT 49 YEARS R/AT CHALAGATTI VILLAGE JALA HOBLI BANGALORE NORTH TALUK - 562 157

¶18

SRI.C.R. NAGESH S/O LATE RANGARAO AGED ABOUT 47 YEARS R/AT CHALAGATTI VILLAGE JALA HOBLI BANGALORE NORTH TALUK 562 157

¶19

SRI.V.N. CHANDRASHEKAR S/O B.L.NARAYANA AGED ABOUT 25 YEARS R/AT NO.56, 3^RD MAIN ROAD BHASKARA NAGARA AVALAHALLI, ANJANAPURA POST BENGALURU 560 108

¶20

CHANDANA D/O B.L. NARAYANA AGED ABOUT 20 YEARS R/AT 59/A , ‘A’ AND ‘B’ BLOCK RAMAKRISHNAGAR MYSORE 560 001

¶21

PRESENT ADDRESS R/AT NO.56 3RD MAI ROAD BHASKARA NAGARA AVALAHALLI ANJANAPURA POST BENGALURU 560 108

¶22

B.L NARAYANA S/O B.S. LAKSHMINARASIMHAMURHTY AGED ABOUT 60 YEARS

¶23

3 - NC: 2023:KHC:45200 WP No. 560 of 2023

¶24

RA/T NO. 1269 2^ND FLOOR, VEDA NILAYA 25^TH ‘A’ MAIN ROAD JAYANAGAR, 9^TH BLOCK BENGALURU 560 069

¶25

PRESENT ADDRESS R/AT NO.56 3^RD MAI ROAD BHASKARA NAGARA AVALAHALLI ANJANAPURA POST BENGALURU 560 108

¶26

M/S EPITOME AUTOMOBILES PVT LTD 19/A, VISHVESHWARAYYA INDUSTRIAL AREA KIA SHOWROOM MAHADEVAPURA WHITEFIELD BENGALURU 560 048 NO.7/PROPOSED DEFENDANT

¶27

…RESPONDENTS (BY SRI K.VIJAYAKUMAR .,ADVOCATE FOR C/R1 & R2; SRI MANJUNATH, ADVOCATE FOR C/R3 TO R-6)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 09.09.2022 (ANNEXURE K), PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING IA, NO. 7 IN OS, NO. 846/2016 , AND ALLOW THE SAME.SET ASIDE THE ORDER DATED 19.10.2022 (ANNEXURE- M),

¶29

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

¶30

¶31

NC: 2023:KHC:45200 WP No. 560 of 2023

¶32

ORDER

¶33

Learned counsel Sri.Pavan for Sri.Ashok B Patil, learned counsel for the petitioners files a memo dated 12.12.2023, which reads as follows:

¶34

The petitioners submit that, the plaint in O.S.No.846/2016 is rejected by the trial Court by order dated 04.12.2023.

¶35

The petitioners are filing an appeal before this Hon’ble Court, challenging the above said order rejecting the plaint.

¶36

Wherefore, the petitioners may be pleased to reserve liberty to them to revive the above petition, in the event of the appeal to be filed by the petitioners is allowed by this Hon’ble Court, in the ends of justice.”

¶37

The writ petition stands disposed of, in terms of the

¶38

memo.

¶39

Sd/JUDGE

¶40

List No.: 1 Sl No.: 47

¶41

MPK CT:RS

Smt. Savithramma v. Smt. Saraswathi

Case brief

What is this about?

What did the court decide?

Smt. Savithramma v. Smt. Saraswathi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri M Haledeeshappa Vs Sri B G Satish

Sri K Sathish Vs the Joint Registrar of Co.Op. Societies

Sri B R Jagadish Vs Smt. Mallamma Dead by Lrs, Smt Parvathamma

Smt M Smitha Vs Sri M B Ananthapadmananbha

H B Shivaram Vs J M Harish Nayak

Sri Y Gopi Vs Smt Jayamma