The High Court dismissed Civil Revision Petitions filed under Section 115 of the CPC for non-prosecution, noting that the petitioners failed to appear despite previous opportunities and the death of their advocate.
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: 2024:KHC-D:12859 CRP No. 100081 of 2023 C/W CRP No. 100080 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
CIVIL REVISION PETITION NO.100081 OF 2023
C/W
CIVIL REVISION PETITION NO.100080 OF 2023
C.R.P.NO.100081/2023:
BETWEEN:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
…PETITIONERS [BY SRI PAVAN D. UJJANKOP, ADVOCATE (ABSENT)]
AND:
…RESPONDENTS
(BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R1 TO R3)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC, PRAYING TO CALL FOR RECORDS IN RESPECT OF OS NO.02/2017 ON THE FILE OF SENIOR CIVIL JUDGE, YALLAPUR. SET ASIDE THE IMPUGNED ORDER DATED 13.04.2023 MADE IN O.S NO. 02/2017 SIGNIFICANTLY ORDER ON IA NO.12 PASSED BY THE SENIOR CIVIL JUDGE, YALLAPUR AND FURTHER TRAIL COURT KINDLY BE DIRECTED TO ALLOW PETITIONERS APPLICATION TO RECTIFY, ALLOWING I.A. NO.12, FOR AN AMENDMENT AND ETC.,
C.R.P.NO.100080/2023:
BETWEEN:
…PETITIONERS
[BY SRI PAVAN D. UJJANKOP, ADVOCATE (ABSENT)]
AND:
…RESPONDENTS (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC, PRAYING TO, CALL FOR RECORDS IN RESPECT OF O.S. NO.02/2017 ON THE FILE OF SENIOR CIVIL JUDGE, YALLAPUR. SET ASIDE THE IMPUGNED ORDER DATED 13.04.2023 MADE IN O.S. NO.02/2017 SIGNIFICANTLY ORDER ON IA NO. 11 PASSED BY THE SENIOR CIVIL JUDGE, YALLAPUR AND FURTHER TRAIL COURT KINDLY BE DIRECTED TO ALLOW PETITIONERS APPLICATION TO RECTIFY, ALLOWING I.A. NO.11, FOR FURTHER ORDERING FOR METES AND BOUNDS IN AN ALREADY PARTITIONED PROPERTIES BY WAY
OF REGISTERED PARTITION DEED DATED 18.04.1972 AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Case Called out. None appears for petitioners. On previous date i.e. on 12.08.2024, there was no appearance. On 29.08.2024, in view of death of Sri D.N.Ujjainkop, his name was ordered to be deleted from cause list.
In view of above, petitioners are not diligent in pursuing petitions. Hence, petitions are dismissed for non-prosecution.
Sd/(RAVI V.HOSMANI) JUDGE
VB CT-ASC List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the Civil Revision Petitions should be dismissed for non-prosecution due to the petitioners' lack of diligence?
1 provisions across 1 enactments
Mr. Gopalkrishna
Mr. Nagendra
Mrs. Nagaveni
Smt. Bhagirathi
Mr. Narsinha
Mr. Venkatraman
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
