Civil revision petitions under Section 115 CPC challenging orders on amendment applications in a partition suit; dismissed for non-prosecution as petitioners failed to appear despite repeated call-outs.
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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 provisions across 1 enactments
MR. GOPALKRISHNA S/O. NARAYAN MANGALARTI
MR. NAGENDRA S/O. NARAYAN BHAT MANGALARTI
MRS. NAGAVENI W/O. NARAYAN MANGALARTI
SMT. BHAGIRATHI W/O. RAMACHANDRA BHAT
MR. NARSINHA S/O. KRISHANAPPA MANGALARTI
MR. VENKATRAMAN S/O. GANAPATI HEGADE
RAVI V. HOSMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
