B.N.Subramani vs Sri.B.K.Manjunath
2023 Latest Caselaw 2128 Kant

                                          -1-
                                                    CRP No. 204 of 2023




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 6TH DAY OF APRIL, 2023

                                      BEFORE
                      THE HON'BLE MR JUSTICE R. NATARAJ
                   CIVIL REVISION PETITION NO. 204 OF 2023

            BETWEEN:


            B.N.SUBRAMANI,
            S/O B.K. NATARAJA,
            AGED ABOUT 35 YEARS,
            R/AT REAR PORTION OF
            PROPERTY NO.66, OLD NO.23,
            EAST ANJANEYA TEMPLE STREET,
            BASAVANAGUDI,
            BENGALURU - 560 004.
                                                           ...PETITIONER
            (BY SRI. CYRIL PRASAD PAIS, ADVOCATE)


            AND:


            SRI.B.K.MANJUNATH,
Digitally   S/O B.N. KRISHNAIAH SHETTY,
signed by   AGED ABOUT 73 YEARS,
SUMA        R/AT NO.66/4, (OLD NO.23),
Location:   EAST ANJANEYA TEMPLE,
HIGH        BASAVANAGUDI,
COURT OF
KARNATAKA   BENGALURU - 560 004.
                                                          ...RESPONDENT


                 THIS CRP IS FILED UNDER SECTION 115 OF CPC., AGAINST
            THE JUDGMENT AND DECREE DATED 02.01.2023. PASSED IN OS
            NO.7766/2014 ON THE FILE OF THE XVII ADDITIONAL CITY CIVIL
            AND SESSIONS JUDGE, BENGALURU. DISMISSING THE SUIT FOR
            PERMANENT INJUNCTION.


                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                                     -2-
                                                CRP No. 204 of 2023




                                 ORDER

This revision petition is filed challenging an order dated

02.01.2023 passed by the XVII Additional City Civil and

Sessions Judge, Bengaluru, by which, the suit was dismissed on

a preliminary issue.

2. Since Section 115 of CPC does not permit a disposal

of the suit to be reserved in a revision petition, the objection

raised by the office regarding maintainability of the petition

under Section 115 of CPC is upheld.

3. Consequently, this petition is dismissed as not

maintainable.

It is open for the petitioner to avail such other remedy as

is provided under law.

The registry is directed to return the certified copy of the

impugned order to the learned counsel for the petitioner after

retaining a photocopy of the same.

Sd/-

JUDGE NR/-