Dismissed

Smt. Chandribai v. Umesh K

Karnataka HC10 Jun 2024CRP/78/2024

Case brief

AI extract

What is this about?

A civil revision petition filed under Section 115 CPC seeking to call records and set aside an impugned order was admitted. Counsel for petitioners sought and obtained permission to withdraw the petition with liberty to agitate the issues in the trial court.

What did the court decide?

Permission granted to withdraw the Civil Revision Petition with liberty to agitate the issues in the trial court.

Smt. Chandribai Vs Umesh K — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:20308 CRP No. 78 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CIVIL REVISION PETITION NO. 78 OF 2024 (IO)

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BETWEEN:

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SMT. CHANDRIBAI W/O SRI SHIVAJI RAO, AGED 48 YEARS,

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SMT AMBUBAI W/O SRI HANUMANTHA RAO, AGED 63 YEARS,

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BOTH ARE R/O MARSHETTY HALLI, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT 577301

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…PETITIONERS

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(BY SRI. RAGHAVENDRA RAO K.,ADVOCATE)

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AND:

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Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA

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UMESH K S/O LATE KRISHNAPPA, AGED ABOUT 51 YEARS, R/O UDAVA VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT 577228

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NAGARAJA S/O LATE KRISHNAPPA, AGED ABOUT 45 YEARS, R/O AAGALAGANDI VILLAGE, KOPPA TALUK, CHIKKAMAGALURU DISTRICT 577126

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SMT YELLUBAI W/O LATE KRISHNAPPA, AGED ABOUT 81 YEARS,

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2 - NC: 2024:KHC:20308 CRP No. 78 of 2024

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R/O UDAVA VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT 577228

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SHIVAJIRAO S/O LATE KRISHNAPPA, AGED ABOUT 61 YEARS, R/O MARASHETTYHALLI, BHADARAVATHI TALUK, SHIVAMOGGA DISTRICT 577233

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SMT SAVITHRI BAI W/O LATE SHEKAR RAO, AGED ABOUT 57 YEARS, R/O YEREHALLI VILLAGE, BHADARAVATHI TALUK, SHIVAMOGGA DISTRICT 577245

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PRADEEPA G S/O LATE HEMAVATHI, AGED ABOUT 34 YEARS,

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AJAY G S/O LATE HEMAVATHI, AGED ABOUT 26 YEARS,

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RESPONDENTS 6 AND 7 ARE R/O BARANDURU VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT 577245

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SMT SHOBHA BAI K W/O MURTHY RAO, AGED ABOUT 41 YEARS, R/O KALYANPURA VILLAGE BELURU TALUK, HASSAN DISTRICT 573115.

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RAMESH S/O LATE KRISHNAPPA, AGED ABOUT 39 YEARS, R/O UDAVA VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT 577228

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…RESPONDENTS

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NC: 2024:KHC:20308 CRP No. 78 of 2024

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THIS CRP IS FILED UNDER SECTION 115 OF THE CPC., PRAYING TO CALL FOR AND EXAMINE THE RECORDS IN O.S.NO.105/2021 PENDING ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AT BHADRAVATHI AND FURTHER SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE IN O.S.NO.105/2021 ON I.A.NO.5 DATED 25.10.2023 AND ALLOW THIS CRP WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for the following reliefs:

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“Call for and examine the records in O.S.No.105/2021 pending on the file of the learned Principal Senior Civil Judge at Bhadravathi and further set aside the impugned order passed by the learned Principal Senior Civil Judge in O.S.No.105/2021 on I.A.No.5 dated 25.10.2023 and allow this CRP with costs and grant such other reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.”

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After arguing for some time, the learned counsel for the petitioners seeks permission to withdraw the above petition with liberty to agitate all the issues raised in the above petition in the trial Court.

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NC: 2024:KHC:20308 CRP No. 78 of 2024

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Reserving such liberty, the above petition stands

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dismissed as withdrawn . Pending IA stands

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disposed/dismissed.

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Sd/JUDGE

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PRS List No.: 1 Sl No.: 71

Smt. Chandribai v. Umesh K

Case brief

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Smt. Chandribai v. Umesh K

Case brief

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