P. Mamatha vs P. Ramasubbamma
2023 Latest Caselaw 5240 Kant

                                                          -1-
                                                                 NC: 2023:KHC-D:8225
                                                                  CRP No. 100017 of 2017




                                        IN THE HIGH COURT OF KARNATAKA

                                                     DHARWAD BENCH

                                    DATED THIS THE 3RD DAY OF AUGUST, 2023

                                                        BEFORE
                                     THE HON'BLE MR JUSTICE C.M. POONACHA
                                 CIVIL REVISION PETITION NO. 100017 OF 2017 (-)
                            BETWEEN:

                            1.    P. MAMATHA,
                                  AGE: 36 YEARS,
                                  W/O P. RAMAKRISHNA, VIANNEY VIDHYALAYA ROAD,
                                  INNA REDDY COMPOUND, NEAR VASAVI SCHOOL,
                                  CANTONMENT, BALLARI-583104.

                            2.    P.NIRMALA,
                                  AGE: 44 YEARS,
                                  W/O P. SREENIVASULU,
                                  2ND CROSS, SOUDAGAR COLONY,
                                  OPP. TO PARK, VIDHYA NAGAR, CANTONMENT,
                                  BALLARI-583104.

                                                                            ...PETITIONERS
           Digitally
           signed by
           SHIVAKUMAR
SHIVAKUMAR HIREMATH         (BY SRI. HARSH DESAI, ADVOCATE)
HIREMATH
           Date:
           2023.08.04
           22:52:35 -0700
                            AND:

                            1.    P. RAMASUBBAMMA,
                                  AGE: 58 YEARS,
                                  W/O P. NARAYANAPPA,
                                  REPRESENTED BY HER HUSBAND AND GPA-
                                  P. NARAYANAPPA,
                                  AGE: 60 YEARS, S/O P. NALLAGONDARAYUDU,
                                  DOOR NO.8, 2ND CROSS, GANDHI NAGAR,
                                  BALLARI-583101.

                            2.    V.VIJAYALAKSHMI,
                                  AGE: 60 YEARS,
                                  -2-
                                        NC: 2023:KHC-D:8225
                                          CRP No. 100017 of 2017




     W/O LATE V. LAKSHMINARAYANA,
     C/O. V. ADISESHU, DOOR NO.10/211/2,
     BEHIND SATHYA SAI TEMPLE,
     OPP. TO BIG VEGETABLE MARKET,
     URUVAKONODA-515812, ANANTAPUR DISTRICT,
     ANDHRA PRADESH.

3.   P. NAGABHUSHANA,
     AGE: 52 YEARS,
     S/O P. NARAYANA,
     VIANNEY VIDHYALAYA ROAD, INNA REDDY COMPOUND,
     NEAR VASAVI SCHOOL, CANTONMENT,
     BALLARI-583104.

                                                      ...RESPONDENTS

(BY SRI. R. M. KULKARNI, ADVOCATE FOR R3;
    R2 NOTICE SERVED)


     THIS CIVIL REVISION PETITION IS UNDER SEC. 115 OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED: 25.08.2016 AND THE
ENTIRE PROCEEDINGS IN EP NO. 42/2015 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE
AT BALLARI, WITH COSTS.

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

Counsel for the petitioners has filed a memo, which

reads thus:

"MEMO BY PETITIONERS

This Civil Revision Petition arises out of EP No.42 of 2015 pertaining to the decree in OS No.103 of 2010, Petitioners herein were arrayed as Defendants 3 and 4 in the said suit.

NC: 2023:KHC-D:8225 CRP No. 100017 of 2017

By Judgment dated 20.07.2021, the Division Bench of this Hon'ble Court was pleased to set aside the decree. However, the Hon'ble Supreme Court set aside the Judgment dated 20.07.2021 of this Hon'ble Court and confirmed the decree OS No.103 of 2010 is set aside and the suit is dismissed.

In that view of the matter this Civil Revision Petition does not survive for consideration.

Wherefore, it is most humbly prayed that this Hon'ble Court is pleased to dispose of this Civil Revision Petition as having become infructuous, in the interest of justice.

Sd/-

Dharwad Advocate for petitioners Date 03.08.2023 Harsh Desai"

In view of the aforementioned, the petition is

dismissed as having become infructuous.

(Sd/-) JUDGE

SVH