Karnataka High Court
Sri Irudayaraj (Since Dead By His Lrs) vs Smt Sukirda on 21 December, 2023
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CRP No. 291 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CIVIL REVISION PETITION NO. 291 OF 2013
BETWEEN:
1. SRI IRUDAYARAJ
(SINCE DEAD BY HIS LRS)
1(a) SMT. AMALA MARY
W/O LATE I. IRUDAYARAJ,
AGED ABOUT 62 YEARS,
(DECEASED) DELETED
1(b) SMT. I. RITA RANI
W/O MR. MATHEW AND
D/O LATE I. IRUDAYARAJ
AGED ABOUT 41 YEARS
1(c) SRI. AROKYA DAS
S/O LATE IRUDAYARAJ
AGED ABOUT 39 YEARS
1(d) MS. GLORIA
Digitally D/O LATE I. IRUDAYARAJ
signed by AGED ABOUT 35 YEARS
SUMA
Location:
HIGH ALL RESIDING AT NO.121,
COURT OF FIRST SQUARE ROAD,
KARNATAKA
AUSTIN TOWN,
BANGALORE-560047.
...PETITIONERS
(BY SRI. A. RAM MOHAN, ADVOCATE FOR PETITIONER NOS.1(b),
1(c) AND 1(d) (ABSENT))
AND:
1. SMT. SUKIRDA
MAJOR IN AGE
W/O A. RICHARD KANTHARAJ
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CRP No. 291 of 2013
RESIDING AT NO.10, (OLD NO.19)
I CROSS, VIVEKANAGAR,
BANGALORE-560 04(1)
2. SRI. LOURDANATHAN
MAJOR IN AGE
S/O LATE ISREEL,
NO.D/77, MES QUARTERS,
JALAHALLI EAST,
BANGALORE.
3. SRI. I. AMALARAJ
MAJOR IN AGE,
ITI TRAINING INSTITUTE,
TUMKUR ROAD,
BANGALORE-560 022.
4. SRI. I. KANIEKARAJ
MAJOR IN AGE
C/O SMT. SUKIRDA,
NO.10 (OLD NO.19)
1ST CROSS, VIVEKNAGAR,
BANGALORE-560047.
5. SRI. I. ANTHONY
(SINCE DECEASED BY LRS)
RESPONDENT NO.5 HAS DIED
DURING PENDENCY OF CASE
BEFORE TRIAL COURT
HIS LRs. ARE ON RECORD)
5(i) SMT. JOSEPHINE
W/O ANTHONY
AGED ABOUT 60 YEARS
5(ii) SRI. JAYAKUMAR
S/O LATE ANTHONY
AGED ABOUT 38 YEARS
5(iii) SRI. JAYAPRAKASH
S/O LATE ANTHONY
AGED ABOUT 35 YEARS
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CRP No. 291 of 2013
5(iv) SRI. ANAND KUMAR
S/O LATE ANTHONY,
AGED ABOUT 33 YEARS,
5(v) KUM. JAYANTHI
D/O LATE ANTHONY
AGED ABOUT 31 YEARS
ALL ARE RESIDING AT
DODDABANASWADI,
NEAR SWATHI THEATRE,
ANJANEYA TEMPLE ROAD,
KURUBARA RAMAIAH BUILDING,
BANGALORE-560 043.
6. SMT. J. ANTHONAMMA ROSLIN
(RAJESHWARI)
MAJOR IN AGE
W/O T.B. MANIKANDAN
NO.1, NARASIMHAN STREET,
NAGELKANI, CHROMEPEET,
MADRAS-44
7. SMT. I. JAYASUNDARI
MAJOR IN AGE
GATE NO.8, 8TH CROSS,
AIRFORCE QUARTERS,
JALAHALLI,
BANGALORE-560015.
8. THE COMMISSIONER
CORPORATION OF CITY OF BANGALORE
AT PRESENT CALLED B.B.M.P.,
BANGALORE-560002
...RESPONDENTS
(BY SRI. K.N. MAHABALESHWARA RAO, ADVOCATE FOR
RESPONDENT NOS.1, 3, 4, 6 AND 7;
SRI. GURURAJ JOSHI, ADVOCATE FOR RESPONDENT NO.8;
VIDE ORDERS DATED 06.11.2012 AND 20.06.2013, NOTICE TO
RESPONDENT NO.2 IS HELD SUFFICIENT
VIDE ORDER DATED 20.06.2013, SERVICE OF NOTICE TO
RESPONDENT NOS.5(i) TO 5(v) IS HELD SUFFICIENT)
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CRP No. 291 of 2013
THIS CRP IS FILED UNDER SECTION 115 OF THE CODE OF
CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED 08.11.2010
PASSED IN FDP NO.93/2001 ON THE FILE OF XXII ADDITIONAL CITY
CIVIL JUDGE, BANGALORE, SETTING ASIDE THE DECREE IN
O.S.NO.5273/1990 DT 28.07.2000, ACTING UNDER SECTION 151 OF
CPC AND DIRECTING THE OFFICE TO RESTORE THE SAME BY
13.12.2010 FOR FURTHER PROCEEDINGS, CONSEQUENTLY CLOSING
THE PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed challenging the order
dated 08.11.2010 passed by the XXII Additional City Civil
Judge, Bangalore, in F.D.P No.93/2001 by which the Final
Decree Court set aside the preliminary decree dated
28.07.2000 passed in O.S. No.5273/1990 and ordered
restoration of the suit by 13.12.2010 for taking out further
proceedings.
2. It is now found that the suit in O.S.
No.5273/1990 was disposed off in terms of the judgment
and decree dated 01.03.2019 passed by the XXII
Additional City Civil and Sessions Judge, Bengaluru.
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Therefore, the present petition has become infructuous.
In addition, the learned counsel for the petitioners has not
attended to the office objections and has not appeared
before this Court.
3. Consequently, this petition is dismissed as
having become infructuous and also for non-compliance of
office objections. It is, however, open for the petitioners to
challenge the judgment and decree dated 01.03.2019
passed by the XXII Additional City Civil and Sessions
Judge, Bengaluru, in O.S. No.5273/1990, if they are so
advised.
The pending interlocutory applications, if any, stand
disposed off.
Sd/-
JUDGE
SMA
