Karnataka High Court
Sri J C Shivashankara vs Smt J C Sudha @ J C Sundari on 3 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:18743
CRP No. 323 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 323 OF 2024
BETWEEN:
SRI J C SHIVASHANKARA
S/O LATE G H CHANDRASHEKARAPPA
AGED ABOUT 64 YEARS,
AGRICULTURIST
R/O GINIVE VILLAGE,
MUGUDTHI, HUMCHA HOBLI,
POST HEDDARIPURA 577436
HOSANAGARA TALUK
SHIVAMOGGA DISTRICT
...PETITIONER
(BY SRI. S V PRAKASH., ADVOCATE-PRESENT)
AND:
1. SMT J C SUDHA @ J C SUNDARI
W/O BASAVARAJA M C
AGED ABOUT 70 YEARS,
Digitally signed R/O 2ND CROSS,
by BARAGERE STREET,
NARAYANAPPA HOLALKERE STREET,
LAKSHMAMMA
CHITRADURGA DISTRICT 577526
Location: HIGH
COURT OF
KARNATAKA 2. J C GOWRI
W/O B T MOHAN KUMAR
AGED ABOUT 66 YEARS,
AGRICULTURIST,
R/O DOONA VILLAGE,
KEREHALLI HOBLI,
POST KENCHANALA 577426
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT
3. SMT SWETHA
D/O KOTRABASAPPA,
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NC: 2024:KHC:18743
CRP No. 323 of 2024
AGED ABOUT 45 YEARS,
R/O BAGENALA VILLAGE,
HUNSASEKATTE HOBLI 577520
CHITRADURGA TALUK
CHITRADURGA DISTRICT
4. SMT ARPITA
W/O GOWRISHANKAR,
D/O KOTRABASAPPA,
AGED ABOUT 40 YEARS,
R/O BAGENALA VILLAGE,
HUNSASEKATTE HOBLI 577520
CHITRADURGA TALUK
CHITRADURGA DISTRICT
5. SMT KAVYA
W/O RAKESH
D/O KOTRABASAPPA,
AGED ABOUT 38 YEARS,
R/O BAGENALA VILLAGE,
HUNSASEKATTE HOBLI 577520
CHITRADURGA TALUK
CHITRADURGA DISTRICT
...RESPONDENTS
THIS CRP FILED UNDER SEC.115 OF CPC., PRAYING TO
CALL FOR RECORDS AND SET ASIDE THE ORDER DATED
13.03.2024 PASSED BY THE LEARNED V ADDITIONAL DISTRICT
AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT SAGARA IN
M.A.NO.10002/2022 CONFIRMING THE ORDER DATED
04.12.2021 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND
JMFC AT HOSANAGARA IN MISC. PETITION NO.1/2018 (OLD
NO.3/2018) REFUSING TO SET ASIDE THE EX-PARTE JUDGMENT
AND DECREE DATED 07.07.2014 IN O.S.NO.47/2013 OF THE
LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGARA
AND ETC.
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:18743
CRP No. 323 of 2024
ORDER
1. The petitioner is before this Court seeking for the following reliefs;
1. Call for the records.
2. Set aside the order dated 13.03.2024 passed by the learned V Additional District and Sessions Judge, Shivamogga sitting at Sagara in M.A.No.10002/2022 confirming the order dated 04.12.2021 passed by the learned Senior Civil Judge and JMFC at Hosanagara in Misc. Petition No.1/2018 (Old No.3/2018) refusing to set aside the ex-parte judgment and decree dated 07.07.2014 in O.S.No.47/2013 of the learned Additional Senior Civil Judge and JMFC, Sagara;
3. Pass an appropriate order allowing the miscellaneous petition filed by the Petitioner in miscellaneous case No.1/2018 (Old No.3/2018) on the file of the learned Senior Civil Judge and JMFC, Hosanagara as prayed for therein.
4. Pass such other suitable order/s as this Hon'ble Court deems it appropriate in the admitted facts and circumstances of the case in the interest of justice;
5. Award the cost of this proceeding.
2. In view of the office objection raised, learned counsel for the petitioner has filed a memo seeking for permission to convert the above petition to writ petition. Accepting his memo, the above petition is converted to a writ petition.
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NC: 2024:KHC:18743 CRP No. 323 of 2024
3. Learned counsel for the petitioner is permitted to comply with all necessary formalities in relation thereto on compliance by the petitioner, the registry is directed to place the above petition before the concerned roster judge.
4. For the purposes of statistics, the above petition stands disposed of before this Court Sd/-
JUDGE SR List No.: 1 Sl No.: 18