Karnataka High Court
Ashok S/O Shivanagouda Patil vs Naganagouda S/O. Parvatagouda Patil on 12 December, 2023
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NC: 2023:KHC-D:14549
CRP No. 100062 of 2022
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
CIVIL REVISION PETITION NO.100062 OF 2022
BETWEEN:
ASHOK S/O SHIVANAGOUDA PATIL,
AGE. 52 YEARS, OCC. AGRICULTURE,
R/O. YALAWATTI VILLAGE-582 117,
TALUK: SHIRAHATTI, DIST. GADAG.
...PETITIONER
(BY SRI. ARUN L.NEELOPANT, ADVOCATE)
AND:
1. NAGANAGOUDA
S/O. PARVATAGOUDA PATIL,
AGE. 62 YEARS, OCC. AGRICULTURE
R/O. YALAVATTI VILLAGE -582 117,
TALUK. SHIRAHATTI, DIST. GADAG.
2. PARVATAGOUDA NAGANAGOUDA PATIL
AGE. 42 YEARS, OCC. AGRICULTURE
R/O. YALAVATTI VILLAGE - 582 117,
Digitally
TALUK. SHIRAHATTI, DIST. GADAG.
signed by
VISHAL
VISHAL
NINGAPPA
3. SHEKARGOUDA
NINGAPPA PATTIHAL S/O. NAGANAGOUDA PATIL,
PATTIHAL Date:
2023.12.14 AGE. 39 YEARS, OCC. AGRICULTURE,
11:36:53
+0530 R/O. YALAVATTI VILLAGE - 582 117,
TALUK. SHIRAHATTI, DIST. GADAG.
4. SMT. RENUKA
D/O. NAGANAGOUDA PATIL,
AGE. 36 YEARS, OCC. HOUSEHOLD,
R/O. YALAVATTI VILLAGE - 582 117,
TALUK. SHIRAHATTI, DIST. GADAG.
5. SMT. NAGAVVA
W/O. NAGANAGOUDA PATIL,
AGE. 52 YEARS, OCC. HOUSEHOLD
R/O. YALAVATTI VILLAGE - 582 117,
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NC: 2023:KHC-D:14549
CRP No. 100062 of 2022
TALUK. SHIRAHATTI, DIST. GADAG.
...RESPONDENTS
(BY SRI. S.C. JAINAR, ADVOCATE FOR R1, R2, R4 AND R5;
SRI. ABHILASH HANAMANNAVAR, ADVOCATE FOR R3)
THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
115 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED 02.03.2022 PASSED IN
EX.NO.40/2021 PASSED BY THE SENIOR CIVIL JUDGE AND JUDICIAL
MAGISTRATE FIRST CLASS, LAXMESHWAR DISMISSING THE
EXECUTION PETITION AND TO RESTORE THE EXECUTION PETITION
IN EX.NO.40/2021 DIRECTING THE EXECUTING COURT TO PROCEED
WITH THE EXECUTION PETITION IN ACCORDANCE WITH LAW, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS CIVIL REVISION PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner seeks leave of the
Court to withdraw the present petition and files a memo to
that effect, which reads as under:
"Herein the advocate for the petitioner begs
to file this memo as under:
It is submitted that the petitioner has filed
the above Civil Revision Petition challenging the
impugned order dated 02.02.2022 passed by the
Senior Civil Judge and JMFC Lakshmeshwar in Ex.
No. 40/2021 wherein the learned Executing Court
has dismissed the said Execution petition with
liberty to file fresh petition by rectifying the
schedule property as per the judgment and decree
passed in OS No. 107/2017 dated: 15.09.2020.
It is submitted that the learned Senior civil
Judge and JMFC Lakshmeshwar is pleased to
rectify the judgment and decree in OS No.
107/2017 by virtue of the order dated:
NC: 2023:KHC-D:14549
18.10.2022 by the carrying out necessary
amendments to the judgment and decree passed
in OS No. 107/2017.
In view of the rectified judgment and decree
in OS No. 107/2017 the petitioner has filed a fresh
execution petitioner in Execution case No.
64/2023 before the learned Senior Civil Judge and
JMFC Lakshmeshwar which is now pending.
Hence in view of the above facts and
circumstances the petitioner be permitted to
withdraw the above Civil Revision Petition with
liberty to continue the Ex. No. 64/2023 pending on
the file of learned Senior Civil Judge and JMFC
Lakshmeshwar, in the ends of justice and equity."
2. Memo is taken on record.
3. In view of the memo, the petition is dismissed
as withdrawn.
Sd/-
JUDGE
MBM, CT: UMD
