Karnataka High Court
Smt. Gajalakshmi N vs N. Nagaraj on 6 December, 2023
-1-
NC: 2023:KHC:44154
CRP No. 711 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
CIVIL REVISION PETITION NO. 711 OF 2023 (IO)
BETWEEN:
SMT. GAJALAKSHMI N,
W/O SRI. L. C. SATHISHA,
AGED ABOUT 44 YEARS,
RESIDING AT NO.1485/1,
ARAVINDANAGAR, KAMMANAHALLI,
BENGALURU - 560 084.
...PETITIONER
(BY SRI. P PRASAD, ADVOCATE FOR GUHA ASSOCIATES)
AND:
1. N. NAGARAJ,
SON OF SRI. B. NARASIMHA REDDY,
Digitally AGED ABOUT 72 YEARS,
signed by RESIDING AT NO.19/7,
SUMA
Location: MYSORE DEVIATION ROAD,
HIGH
COURT OF GOPALAPURAM, MAGADI ROAD,
KARNATAKA BENGALURU - 560 023.
2. SMT. JAYALAKSHMI,
WIDE OF SRI. N. RADHAKRISHNA REDDY,
AGED ABOUT 81 YEARS,
R/AT NO.23/1, 5TH CROSS,
L.N. COLONY, YESHWANTHAPUR,
BENGALURU - 560 022.
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NC: 2023:KHC:44154
CRP No. 711 of 2023
3. SMT. SARALA,
WIFE OF SRI. N. NAGARAJ,
AGED ABOUT 68 YEARS,
R/AT NO.302, GANESH RESIDENCY,
13TH CROSS, 4TH MAIN,
MALLESWARAM, BENGALURU - 560 003.
4. SMT. PREMA.
WIFE OF SRI SUBRAMANI REDDY,
AGED ABOUT 68 YEARS,
5. NAVEEN,
SON OF SRI SUBRAMANI REDDY,
AGED ABOUT 45 YEARS,
6. SMT. SHILPA,
DAUGHTER OF SRI. SUBRAMANI REDDY,
AGED ABOUT 48 YEARS,
NOS. 3 TO 6 ARE THE ONLY
LEGAL REPRESENTATIVES AND
RESIDING AT SATHYA CARNATION APARTMENTS,
NO.8, 9 AND 10, SATHYA ENCLAVE,
HENNUR MAIN ROAD, GEDDALAHALLI,
BENGALURU - 560 043.
7. SMT. SUSHEELA,
WIFE OF SRI. CHINNASWAMY REDDY,
AGED ABOUT 76 YEARS,
RESIDING AT OPPOSITE TO BETHNEY SCHOOL,
AUDUGODI POST, KORAMANGALA,
BENGALURU - 560 030.
8. SMT. RAJESHWARI,
WIFE OF SRI. S. JAYAMAM REDDY,
AGED ABOUT 70 YEARS,
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NC: 2023:KHC:44154
CRP No. 711 of 2023
RESIDING AT NO.15/1,
SUBBAIAH REDDY ROAD, ULSOOR,
BENGALURU - 560 008.
9. SMT. GEETHA,
WIFE OF SRI. C M MOHANRAM REDDY,
AGED ABOUT 65 YEARS,
NO.55/1, 13TH CROSS,
4TH MAIN, MALLESWARAM,
BENGALURU - 560 003.
...RESPONDENTS
THIS CIVIL REVISION PETITION IS FILED U/S 115 OF
CR.P.C, PRAYING TO CALL FOR RECORDS OF OS NO.2055/2007
IN THE COURT OF XXII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE BANGALORE CITY (CCH7).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This revision petition is filed challenging the findings on
additional issue No.1 in the judgment and decree dated
28.08.2023 passed by the XXII Additional City Civil and
Sessions Judge at Bengaluru City (CCH-7) in OS No.2055/2007.
2. The Registry has raised an objection regarding
maintainability of this revision petition since the challenge is
not to any interlocutory order but in respect of a finding on
additional issue No.1 and also on the ground that no
proceedings are pending before the Trial Court.
NC: 2023:KHC:44154
3. It is now stated by the learned counsel for the
petitioner that the plaintiff in OS No.2055/2007 connected with
OS No.26275/2007 has already filed RFA No.1978/2023 and
RFA No.2297/2023. If that be so, the petitioner is always
entitled to challenge the findings on additional issue No.1 in
RFA No.1978/2023 and RFA No.2297/2023 by filing appropriate
cross-objection or a cross appeal.
4. In that view of the matter, this revision petition is
not maintainable and the office objections regarding
maintainability of this revision petition is up held and the
revision petition is dismissed. However the petitioner is entitled
to pursue any other remedy in accordance with law. For
statistical purposes this revision petition is treated as closed.
Sd/-
JUDGE
KBM
CT: BHK
