Civil revision petition challenging a trial court order on return/rejection of plaint applications; suit was decreed and possession delivered in execution, rendering the petition infructuous. It was dismissed as withdrawn and pending interlocutory application dismissed.
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:17737 CRP No. 277 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CIVIL REVISION PETITION NO. 277 OF 2018 (IO)
BETWEEN:
VENKATESH SAW MILLS KARBALA ROAD, KUDROLI, MANGALORE 575 003 REP BY ITS PROPRIETOR, MR. M VITTAL ACHARYA, S/O. M KRISHNA ACHARYA, AGE 66 YEARS
…PETITIONER
(BY SRI. CYRIL PRASAD PAIS.,ADVOCATE)
AND:
SMT. SHANTHA SHENOY AGED ABOUT 73 YEARS D/O. MANEL SRINIVAS NAYAK, Digitally signed REP BY HER GPA HOLDER, by NARAYANAPPA MANEL ANNAPPA NAYAK, LAKSHMAMMA S/O. MANEL SRINIVAS NAYAK, Location: HIGH NEHRU AVENUE CROSS ROAD, COURT OF GANDHINAGAR, KARNATAKA MANGALORE
…RESPONDENT
(BY SRI. M. SUDHAKAR PAI.,ADVOCATE)
THIS CRP FILED UNDER SEC.115 OF CPC., PRAYING TO SET ASIDE THE ORDER DATED 21.3.2018 PASSED BY 4TH ADDITIONAL CIVIL JUDGE AND JMFC, MANGALURU IN O.S. NO.1448/2015 ON IA NOS.3 AND 4 ON THE APPLICATIONS FILED UNDER ORDER 7 RULE 10 R/W SECTION 151 OF THE CPC AND UNDER ORDER 7 RULE 11(d) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE.
NC: 2024:KHC:17737 CRP No. 277 of 2018
CONSEQUENTLY, ALLOW THE SAID APPLICATIONS FILED BY THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:17737 CRP No. 277 of 2018
above Civil Revision Petition stands dismissed as
withdrawn .
Sd/JUDGE
PRS List No.: 1 Sl No.: 30
1 issue framed by the court
Whether to set aside the trial court's rejection of applications under Order 7 Rules 10 and 11(d) CPC in O.S. No.1448/2015.
3 provisions across 1 enactments
Venkatesh Saw Mills, Karbala Road, Kudroli, Mangalore, rep. by its proprietor M Vittal Acharya
Smt. Shantha Shenoy, rep. by her GPA holder Narayappa Manel Annappa Nayak
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
