Sri K M Mahesha vs Sri Sampathraju K N
2021 Latest Caselaw 6403 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 17TH DAY OF DECEMBER, 2021

                       BEFORE

         THE HON'BLE MR. JUSTICE R. NATARAJ

       CIVIL REVISION PETITION NO.227 OF 2021

BETWEEN:

SRI.K.M.MAHESHA
S/O SRI.MAYIGOWDA
AGED ABOUT 58 YEARS
R/AT KANCHUGARA KOPPALU VILLAGE
CHUNCHANAKATTE HOBLI
K.R.NAGARA TALUK
MYSURU DISTRICT
PIN CODE - 571602
                                       ... PETITIONER
(BY SRI. C.SHANKAR REDDY, ADVOCATE)

AND:

SRI.SAMPATHRAJU K.N
S/O LATE NAGEGOWDA
AGED ABOUT 49 YEARS
R/AT KANCHUGARA KOPPALU VILLAGE
CHUNCHANAKATTE HOBLI
K.R.NAGARA TALUK
MYSURU DISTRICT
PIN CODE - 571602
                                      ... RESPONDENT

(BY SRI. SHARATH S.GOWDA, ADVOCATE)

      THIS CIVIL REVISION PETITION IS FILED UNDER
SECTION 115 OF THE CPC., AGAINST THE ORDER DATED
09.08.2021 PASSED IN MA NO.4/2019 ON THE FILE OF THE
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SENIOR CIVIL JUDGE AND JMFC, K.R.NAGAR, ALLOWING THE
APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
DATED 22.07.2019 PASSED IN O.S.NO.256/2018 ON THE FILE
OF THE ADDITIONAL CIVIL JUDGE AND JMFC, K.R.NAGAR,
RETURNING THE PLAINT FOR ITS PRESENTATION BEFORE
PROPER COURT.

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

                                ORDER

This Revision Petition is filed challenging an order

passed by the Trial Court exercising power under Order VII

Rule 10 of Code of Civil Procedure, 1908 (henceforth

referred to as "CPC" for short).

2. The order was assailed by the respondent before

the First Appellate Court in M.A No.4/2019 under Order 43

Rule 1(a) of CPC and appeal was allowed. Hence, this

revision petition under Section 115 of CPC is not

maintainable.

3. Learned counsel for the petitioner seeks

permission to withdraw this revision petition with liberty to

file a writ petition.

In view of the submission made by the learned

counsel for the petitioner, this revision petition is

dismissed, as not maintainable.

It is open for the petitioner to challenge an order

passed by the First Appellate Court in fresh writ petition.

Office is directed to return the certified copy of this

order after collecting an authenticated copy.

Sd/-

JUDGE

NBM