Disposed¶57

Sri Anthony Raj v. Sri Shanthappa

Karnataka HC5 Jun 2025CRP/824/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRP No. 824 of 2024 (IO); Coram: M. Nagaprasanna J.; decision dated 5 June 2025. Revision under Section 115 CPC against order dated 7.08.2023 on IA No.X in O.S. No. 358/2014 (Principal Senior Civil Judge, Bengaluru Rural District) allowing rejection of plaint under Order VII Rule 11(d) and Order I Rule 13 r/w Section 151 CPC. Counsel for petitioners sought withdrawal to pursue appropriate remedy before appropriate forum; petition disposed as withdrawn with liberty reserved; no merits adjudicated; no precedents discussed.

What did the court decide?

Permission to withdraw the civil revision petition, with liberty reserved to file the appropriate petition before the appropriate jurisdiction. ¶57

Sri Anthony Raj Vs Sri Shanthappa — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:19120 CRP No. 824 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 824 OF 2024 (IO)

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BETWEEN:

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SRI ANTHONY RAJ

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SINCE DECEASED BY HIS LR'S

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1(A). SMT. PHILOMINA, W/O LATE ANTHONY RAJ, AGED ABOUT 77 YEARS,

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1(B). SMT. MARIYAMMA D/O. LATE ANTHONY RAJ, AGED ABOUT 52 YEARS,

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Digitally signed by NAGAVENI

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Location: High Court of Karnataka

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1(C). MRS. JOSEPHIN D/O. LATE ANTHONY RAJ AGED ABOUT 50 YEARS

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1(D). SMT. BHAGYAMMA D/O. LATE ANTHONY RAJ AGED ABOUT 48 YEARS

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1(E). SMT. ANITHA D/O. LATE ANTHONY RAJ AGED ABOUT 46 YEARS

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1(F). SMT. MOKSHA RANI D/O LATE ANTHONY RAJ AGED ABOUT 44 YEARS

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NC: 2025:KHC:19120 CRP No. 824 of 2024

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HC-KAR

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1(G). SMT. REBEKA D/O. LATE ANTHONY RAJ AGED ABOUT 42 YEARS

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1(H). SRI. AROGYASWAMY S/O. LATE ANTHONY RAJ AGED ABOUT 40 YEARS ALL ARE R/AT NO. 151-B, 3RD MAIN ROAD, MICO LAYOUT, BTM II STAGE, BENGALURU - 560 076.

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SRI. CHELUVARAJ, S/O. LATE ALISAMMA, AGED ABOUT 65 YEARS [

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SMT. SELVAMMA W/O. A. ANANDA AND D/O. ALISAMMA AGED ABOUT 63 YEARS

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SMT. ANTHONY MARY W/O. ARASU, AND D/O. LATE ALISAMMA AGED ABOUT 62 YEARS

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SMT. HRUDAYA MARY W/O. SUNDAR AND D/O. LATE ALISAMMA AGED ABOUT 58 YEARS ALL ARE RESIDING AT NO. 151, 1ST FLOOR, III MAIN, MICO LAYOUT, BTM II STAGE, BENGALURU - 76. …PETITIONERS

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(BY SMT. SREEJA N, ADVOCATE FOR SRI. VINCENT P.J, ADVOCATE)

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NC: 2025:KHC:19120 CRP No. 824 of 2024

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HC-KAR

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AND:

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SRI. SHANTHAPPA SINCE DECEASED BY HIS LRS

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1(A). SMT. THERESAMMA W/O. LATE SHANTHAPPA AGED ABOUT 85 YEARS

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1(B). SMT. MARITHAYAMMA W/O. SHANTHAPPA AGED ABOUT 64 YEARS

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1(C). MR. CHAPEL S/O. LATE SHANTHAPPA AGED ABOUT 60 YEARS

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1(D). MR. KUMAR S/O. LATE SHANTHAPPA AGED ABOUT 50 YEARS

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1(E). MRS. VICTORIA RANI, D/O. LATE SHANTHAPPA, AGED ABOUT 42 YEARS

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1(F). XAVIER S/O. LATE SHANTHAPPA AGED ABOUT 50 YEARS ALL ARE RESIDING AT NO.221, BAHUBALI NAGARA, JALAHALLI BENGALURU - 560 013.

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SRI. ANTHONAPPA S/O. LATE YAGAPPA AGED ABOUT 68 YEARS

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NC: 2025:KHC:19120 CRP No. 824 of 2024

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HC-KAR

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SMT. AROGYAMMA W/O. LATE CHINNAPPA AGED ABOUT 85 YEARS

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SMT. PHILOMINA W/O. LATE THOMAS AGED ABOUT 80 YEARS ALL ARE RESIDING AT NO.12/2, 5TH MAIN SELVIPURA @POST, BANGALORE - 560 090.

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SMT. DOLORUS G.A.D. S/O. LATE S.B.BENEDICT, AGED ABOUT 70 YEARS, R/AT NO.A-74, BEL COLONY NEAR BEL CIRCLE, BANGALORE - 560 013.

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…RESPONDENTS

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THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED DATED 7.08.2023 PASSED ON IA NO.X IN OS NO.358/2014 FILED UNDER ORDER PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., ALLOWING THE IA NO.X FILED UNDER ORDER VII RULE 11(d) AND UNDER ORDER 1 RULE 13 R/W SEC.151 OF CPC., FOR REJECTION OF PLAINT.

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

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NC: 2025:KHC:19120 CRP No. 824 of 2024

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HC-KAR

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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