M/S Slv Petroleum vs Sri N Venkatesh
2024 Latest Caselaw 509 Kant

Karnataka High Court

M/S Slv Petroleum vs Sri N Venkatesh on 5 January, 2024

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                                                          NC: 2024:KHC:703
                                                     CRP No. 598 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 5TH DAY OF JANUARY, 2024

                                        BEFORE
                           THE HON'BLE MR JUSTICE M.I.ARUN
                        CIVIL REVISION PETITION NO.598 OF 2023

                BETWEEN:

                1.    M/S. SLV PETROLEUM
                      NANDANAGENAHALLI,
                      N.H.7 ROAD, NEAR PERESANDRA,
                      CHIKKABLLAPURA TALUK-562 104
                      CHIKKABALLAPURA DISTRICT
                      REPRESENTED BY ITS PROP.
                      SRI P.V. ANAND
                      S/O LATE P.V. VENKATESH,
                      AGED ABOUT 40 YEARS.

                                                             ...PETITIONER
                (BY SRI MOHANA CHANDRA P., ADVOCATE)

                AND:

Digitally       1.    SRI N. VENKATESH
signed by V           S/O N. NARASIMHAIAH,
MANJUSHA
BAI                   AGED ABOUT 47 YEARS,
Location:             R/AT SUBBARAYNAPETE,
High Court of         WARD NO.16, CHIKKABALLAPURA TOWN
Karnataka             CHIKKABALLAPURA DISTRICT-562 101.

                                                            ...RESPONDENT

                (NOTICE TO RESPONDENT HELD SUFFICIENT VIDE
                COURT ORDER DATED 16.11.2023.)

                     THIS APPEAL IS FILED UNDER SECTION 115 OF CODE OF
                CIVIL PROCEDURE, PRAYING TO EXAMINE THE CORRECTNESS,
                LEGALITY AND PROPRIETY OF THE IMPUGNED ORDER DATED
                02.08.2023 PASSED BY THE COURT OF 1ST ADDITIONAL
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                                              NC: 2024:KHC:703
                                          CRP No. 598 of 2023




SENIOR CIVIL JUDGE AND JMFC., CHICKBALLAPURA IN MIS.
CASE NO.28/2022 AND SET ASIDE THE IMPUGNED ORDER
DATED 02.08.2023 PASSED BY THE COURT OF 1ST
ADDITIONAL    SENIOR    CIVIL  JUDGE    AND   JMFC.,
CHICKBALLAPURA IN MIS. CASE NO.28/2022 AND BY
ALLOWING THE PETITION AND CONSEQUENTLY DISMISS THE
MIS. CASE NO.28/2022 AND ETC.

     THIS PETITION COMING ON FOR ADMISSION, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:

                            ORDER

1. The petitioner in the instant Civil Revision Petition has

challenged the order dated 02.08.2023 passed by the Court of I

Additional Senior Civil Judge & JMFC, at Chikkaballapura in

Misc.No.28/2022 wherein the exparte judgment and decree

passed in O.S.No.146/2018 has been set aside on the ground

that the respondent herein was not served with the Court

notice.

2. The reasoning given in Misc.No.28/2022 for allowing the

same is that the petitioner herein instituted O.S.No.146/2018

against the respondent herein for recovery of money and gave

his address as 'No.577, Chikkaballapura Town, Chikkaballapura

Taluk', whereas the address of the respondent herein was

"Ward No.16, Subbarayanapete, Chikkaballapura Town. On the

said ground, the trial Court has come to the conclusion that due

NC: 2024:KHC:703

notice has not been served on the respondent herein and

accordingly, Misc.No.28/2022 was allowed and

O.S.No.146/2018 was restored to file.

3. I do not see any error in the order passed in

Misc.No.28/2022.

4. However, taking note of the fact that the original suit was

instituted in the year 2018, respondent herein is directed to co-

operate for early disposal of the suit and the trial Court shall

dispose of the suit as expeditiously as possible.

5. Subject to the aforesaid observation, the Civil Revision

Petition is hereby dismissed.

Sd/-

JUDGE

VMB