Dismissed¶43

M Giriyappa v. Devika

Karnataka HC13 Oct 2025CRP/14/2021

Case brief

AI extract

What is this about?

Karnataka High Court, CRP No. 14 of 2021 (IO), order dated 13.10.2025, V Srishananda J. — civil revision petition under Section 115 CPC against rejection of IA No.III (Order VII Rule 11(a), (b) and (d) CPC plaint-rejection application) in O.S.No.18/2019, Principal Senior Civil Judge and CJM, Tumakuru — dismissed as withdrawn on petitioner's counsel's memo after suit set down for merits arguments; rider preserving petitioner's right to argue all points in the pending suit; respondents include Govindappa family members (R1-R6; R1-R4 treated as LRs of deceased R5 vide order dated 13.08.2024) and the Special Land Acquisition Officer, KIADB (R7).

What did the court decide?

None; petition dismissed as withdrawn on counsel's memo, with liberty to canvass all points favourable to the petitioner in the pending suit. ¶43

M Giriyappa Vs Devika — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:40542 CRP No. 14 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 14 OF 2021 (IO)

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BETWEEN:

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M. GIRIYAPPA S/O LATE MUDLAPPA AGED ABOUT 71 YEARS R/AT THIPPEDASARAHALLI VILLAGE KORA HOBLI - 572 128 TUMAKURU TALUK AND DISTRICT.

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…PETITIONER

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(BY SRI. S.V. PRAKASH, ADVOCATE)

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AND:

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DEVIKA

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AGED ABOUT 46 YEARS D/O GOVINDAPPA

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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JUNESH

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AGED ABOUT 42 YEARS S/O GOVINDAPPA

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SRINIVAS

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AGED ABOUT 39 YEARS S/O GOVINDAPPA

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BALAJI

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AGED ABOUT 36 YEARS S/O GOVINDAPPA RESPONDENTS 1 TO 4 ARE RESIDENTS OF THIPPEDASARAHALLI VILLAGE KORA HOBLI - 572 128 TUMAKURU TALUK AND DISTRICT.

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2 - NC: 2025:KHC:40542 CRP No. 14 of 2021

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HC-KAR

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GOVINDAPPA

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S/O LATE MUDLAPPA AGED ABOUT 74 YEARS R/AT NO. 685/15, 25TH WARD, NEAR ANJUM SCHOOL BHAGATSINGH NAGAR DAVANGERE TOWN - 577 002.

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ANJANEYA

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AGED ABOUT 44 YEARS S/O GOVINDAPPA RESIDENTS OF THIPPEDASARAHALLI VILLAGE KORA HOBLI - 572 128

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TUMAKURU TALUK AND DISTRICT.

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THE SPECIAL LAND ACQUSITION OFFICER KIADB MARUTHI TOWERS B.H. ROAD, BESIDES SIT COLLEGE TUMAKURU - 572 101.

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…RESPONDENTS

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(BY SRI. P.M. GOPI, ADVOCATE FOR R1 TO R4; SRI. BHOJEGOWDA T. KOLLER, AGA FOR R7; R6 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 13.08.2024, R1 TO R4 ARE TREATED AS LRS OF DECEASED R5)

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THIS CRP IS FILED UNDER SECTION 115 OF CPC AGAINST THE ORDER DATED 23.10.2020 PASSED ON IA No.III IN OS.No.18/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU, REJECTING THE IA No.III FILED UNDER ORDER VII RULE 11(a) (b) AND (d) OF CPC FOR REJECTION OF PLAINT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:40542 CRP No. 14 of 2021

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Learned counsel for the petitioner files a memo for withdrawal. Memo reads as under:

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“The petition has filed the above captioned civil revision assailing the order dated 23.10.2020 on application seeking rejection of the plaint in O.S.No.18/2019. Now the said suit set down for arguments on the merits of the case and the said development has rendered the above civil revision infructuous and therefore, the above captioned revision petition may be dismissed as withdrawn by allowing this memo in the interest of justice.

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Hence, this memo.”

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Placing the memo on record, revision petition stands

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dismissed .

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However, dismissal of the revision petition shall not come in the way of canvassing all points favourable to the petitioner in the pending suit.

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Sd/(V SRISHANANDA) JUDGE

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KAV/List No.: 2 Sl No.: 32/CT: BHK