Disposed¶27

Jayaram Shetty v. Bipin Chandra Shetty

Karnataka HC6 Mar 2025WP/46663/2019

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), WP No. 46663 of 2019 (GM-CPC), decided 06-03-2025 by M.G.S. Kamal, J. Challenge under Article 227 to order dated 31.08.2019 in M.A.No.25/2019 (orders on application under Order XXXIX Rules 1 and 2 CPC in O.S.No.2/2019). Underlying suit dismissed for default in 2023; restoration application dismissed; appeal MA.No.38/2023 pending. Writ petition disposed of with liberty to revive subject to outcome of MA.No.38/2023; no ruling on merits; no precedent applied.

What did the court decide?

Liberty to revive the writ petition subject to the outcome of MA.No.38/2023. ¶27

Jayaram Shetty Vs Bipin Chandra Shetty — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:9626 WP No. 46663 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 46663 OF 2019 (GM-CPC)

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BETWEEN:

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JAYARAM SHETTY, S/O. LATE THIMMAYYA SHETTY, AGED ABOUT 65 YEARS, R/O. SANKAYYABENNI, MANNABETTU VILLAGE, KINNIGOLI POST, MANGALURU-574 150.

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…PETITIONER

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(BY SRI K RAVISHANKAR, ADVOCATE)

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AND:

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BIPIN CHANDRA SHETTY, S/O. LATE RAVICHANDRA SHETTY, MAJOR.

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Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA

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ESHWARI DAS SHETTY, S/O. LATE RAVICHANDRA SHETTY, MAJOR.

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BOTH ARE R/AT 507, BONVIEW TOWERS, KADRI, SHIVABHAG, MANGALURU-575 004.

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…RESPONDENTS

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(BY SRI CHANDRANATH ARIGA K, ADVOCATE FOR R-1; R-2 SERVED AND UNREPRESENTED)

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THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.08.2019 PASSED IN M.A.NO.25/2019 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE & ACJM MANGALORE, D.K [ITINEARY AT MOODABIDRI] (PRODUCED VIDE ANNEXURE-'A') TO THE WRIT PETITION.

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NC: 2025:KHC:9626 WP No. 46663 of 2019

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Learned counsel for the petitioner and respondents submit that the present writ petition is filed with regard to the orders on application under Order XXXIX Rules 1 and 2 of CPC in O.S.No.2/2019. That the said suit itself has been dismissed for default during the year 2023. As against which, an application for restoration was filed, which has also been dismissed and the petitioner has now filed a miscellaneous appeal against the dismissal of the said application in MA.No.38/2023, which is pending consideration. Therefore, it is submitted that the present petition be disposed of with liberty revive the same subject to outcome of the said MA.No.38/2023.

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2. Submission is taken on record.

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NC: 2025:KHC:9626 WP No. 46663 of 2019

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