The Court dismissed a Civil Revision Petition under Section 115 CPC as infructuous because the underlying civil suit was disposed of and the regular appeal was also decided, rendering the revision no longer viable.
The petition stands dismissed as having become infructuous.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CIVIL REVISION PETITION NO. 78 OF 2019 (IO)
BETWEEN:
P. ASHWATHAPPA, S/O LATE PILLA LAKSHMAIAH, AGED ABOUT 67 YEARS, R/O UPPARAHALLI VILLAGE, MANCHENAHALLI HOBLI, GAURIBIDANUR TALUK - 561 208, CHIKKABALLAPUR DISTRICT.
…PETITIONER
(BY SMT. VIJAYA M.N, ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
RESPONDENT NO.2 TO 7 ARE R/O UPPARAHALLI VILLAGE, MANCHENAHALLI HOBLI, GAURIBIDANUR TALUK - 561 208, CHIKKABALLAPUR DISTRICT.
(R1 TO R8 ARE SERVED)
…RESPONDENTS
THIS CRP IS FILED UNDER SEC.115 OF THE CPC., AGAINST THE ORDER DATED 17.07.2018 PASSED ON IA NO.7 IN OS.NO.308/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., AT GOWRIBIDANUR DISMISSING THE IA NO.7 FILED UNDER ORDER 7 RULE 11[a] AND [d] OF CPC., FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
relief.
WHEREFORE, for all the above reasons, the petitioner most respectfully pray that this Hon'ble Court may be pleased to set aside the Order dated 17.07.2018 passed by the Senior Civil Judge and JMFC at Gowribidanur on I.A.No.7 in O.S.No.308/2015, allow the IA No.7 filed by the petitioner and dismiss the suit for the respondent No.1 as not maintainable. Grant such other reliefs which this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.
suit has been disposed by the Trial Court and the Regular Appeal filed has also been disposed. Hence, the above petition does not survive for consideration.
NC: 2024:KHC:22768 CRP No. 78 of 2019
become infructuous.
Sd/JUDGE
RMS List No.: 1 Sl No.: 22
1 issue framed by the court
Whether Civil Revision Petition survives for consideration when the underlying suit has been disposed of and regular appeal decided.
2 provisions across 1 enactments
P. Ashwathappa
Smt. P. Lakshmamma
Smt. Akkalamma
Sri. Pilla Lakshmiah
Sri. Nagarajappa
Smt. Rathnamma
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
