Revision petition challenging rejection of plaint under Order 7 Rule 11(d) CPC; petitioner sought leave to withdraw with liberty to file appeal under Section 96 CPC.
Liberty to withdraw petition and file appeal under Section 96 CPC; limitation exclusion for time spent; certified copies to be returned.
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:37170 CRP No. 610 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CIVIL REVISION PETITION NO. 610 OF 2024
BETWEEN:
REPRESENTED BY HIS MOTHER AS GPA HOLDER
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
SMT. MANGALA. B.R. AGED ABOUT 54 YEARS, W/O SRI. B.G. RAMESH., RESIDING AT NO.45, VIJAY CLUSTERS, FLAT NO.001, 14TH CROSS, AECS LAYOUT, SANJAYNAGAR, RMV II STAGE, BENGALURU-560 094
… PETITIONER
(BY SRI. GURU PRASAD A., ADVOCATE)
AND:
THE RESPONDENTS ARE PRESENTLY R/A NO.5/1, ADARSH VIHAR, WARD NO.63, BANNERGHATTA MAIN ROAD, BENGALURU-560 029
… RESPONDENTS
THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 05.04.2024 AND DECREE DATED 08.04.2024 PASSED ON I.A.NO.II IN OS.NO.506/2023 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, MULBAGAL, ALLOWING THE I.A.NO.II FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC, FOR REJECTION OF PLAINT AND CONSEQUENTLY THE PLAINT IS REJECTED UNDER ORDER 7 RULE 11(d) OF CPC.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Learned counsel for the petitioner files a memo seeking leave of this Court to withdraw the petition with liberty to file an appeal under Section 96 of CPC.
NC: 2024:KHC:37170 CRP No. 610 of 2024
3. Accordingly, petition is disposed of reserving liberty to
as sought for.
Time spent to prosecute this petition shall be excluded for computation of limitation period for filing the appeal.
Registry to return the certified copies of the orders, if any to the learned counsel for petitioner after replacing the same with photocopies.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
VP
3 provisions across 1 enactments
SRI CHETAN B R
SMT. MANGALA. B.R.
SMT VASANTHA GOPALAIAH
SRI. B.G. RAMESH
SRI. B.G. RAJESH
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
