S P Veeresh vs T V Lokesh
2021 Latest Caselaw 5240 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 1ST DAY OF DECEMBER, 2021

                         BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

     CIVIL REVISION PETITION NO.187 OF 2021 (IO)

BETWEEN:

1.     S.P.VEERESH,
       S/O S.K.PANCHAKSHARI,
       AGED ABOUT 58 YEARS,

2.     S.P.MALLIKARJUNA,
       S/O S.K.PANCHAKSHARI,
       AGED ABOUT 34 YEARS,

       BOTH ARE R/A VIRUPAKSIPURA VILLAGE,
       HONNAVALLI HOBLI, TIPTUR TALUK,
       TUMKUR DISTRICT - 577 201.
                                             ... PETITIONERS

(BY SRI.PRABHULINGA MURTHY B.R.,ADVOCATE)

AND:

T.V.LOKESH,
S/O LATE VENKATASWAMY,
AGED ABOUT 54 YEARS,
RESIDING AT KALLAPPASETTY GARDEN ROAD,
VINAYAKANAGAR, TIPTUR TOWN,
TIPTUR TALUK,
TUMKUR DISTRICT - 572 201.
                                         ... RESPONDENT

     THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 115 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 09.03.2021 PASSED IN MA NO.10/2020 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR, ALLOWING THE
APPEAL AND SETTING ASIDE THE ORDER DATED 13.11.2020
PASSED ON I.A.NO.2 AND 3 IN O.S.NO.278/2020 ON THE FILE
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OF THE ADDITIONAL CIVIL JUDGE AND JMFC, TIPTUR, PARTLY
ALLOWING THE IA NO.2 FILED UNDER ORDER 39 RULE 1 AND 2
OF CPC, AND PARTLY ALLOWING THE I.A. NO.3 FILED UNDER
ORDER 39 RULE 4 OF CPC.

    THIS CIVIL REVISION PETITION COMING ON                FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

The learned counsel for the petitioners fairly submits

that the revision petition is not maintainable.

2. In view of the said submission, the office-

objections raised regarding maintainability is upheld.

3. Accordingly, the revision petition is dismissed

as not maintainable.

It is open for the petitioners to file any other

proceedings as they may be advised.

Office is directed to return the certified copy of the

impugned order after collecting an authenticated copy.

Sd/-

JUDGE NR/NM