Karnataka High Court
Sri J C Shivashankara vs Smt J C Sudha @ J C Sundari on 3 June, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:18743
CRP No. 323 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 323 OF 2024
BETWEEN:
SRI J C SHIVASHANKARA
S/O LATE G H CHANDRASHEKARAPPA
AGED ABOUT 64 YEARS,
AGRICULTURIST
R/O GINIVE VILLAGE,
MUGUDTHI, HUMCHA HOBLI,
POST HEDDARIPURA 577436
HOSANAGARA TALUK
SHIVAMOGGA DISTRICT
...PETITIONER
(BY SRI. S V PRAKASH., ADVOCATE-PRESENT)
AND:
1. SMT J C SUDHA @ J C SUNDARI
W/O BASAVARAJA M C
AGED ABOUT 70 YEARS,
Digitally signed R/O 2ND CROSS,
by BARAGERE STREET,
NARAYANAPPA HOLALKERE STREET,
LAKSHMAMMA
CHITRADURGA DISTRICT 577526
Location: HIGH
COURT OF
KARNATAKA 2. J C GOWRI
W/O B T MOHAN KUMAR
AGED ABOUT 66 YEARS,
AGRICULTURIST,
R/O DOONA VILLAGE,
KEREHALLI HOBLI,
POST KENCHANALA 577426
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT
3. SMT SWETHA
D/O KOTRABASAPPA,
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NC: 2024:KHC:18743
CRP No. 323 of 2024
AGED ABOUT 45 YEARS,
R/O BAGENALA VILLAGE,
HUNSASEKATTE HOBLI 577520
CHITRADURGA TALUK
CHITRADURGA DISTRICT
4. SMT ARPITA
W/O GOWRISHANKAR,
D/O KOTRABASAPPA,
AGED ABOUT 40 YEARS,
R/O BAGENALA VILLAGE,
HUNSASEKATTE HOBLI 577520
CHITRADURGA TALUK
CHITRADURGA DISTRICT
5. SMT KAVYA
W/O RAKESH
D/O KOTRABASAPPA,
AGED ABOUT 38 YEARS,
R/O BAGENALA VILLAGE,
HUNSASEKATTE HOBLI 577520
CHITRADURGA TALUK
CHITRADURGA DISTRICT
...RESPONDENTS
THIS CRP FILED UNDER SEC.115 OF CPC., PRAYING TO
CALL FOR RECORDS AND SET ASIDE THE ORDER DATED
13.03.2024 PASSED BY THE LEARNED V ADDITIONAL DISTRICT
AND SESSIONS JUDGE, SHIVAMOGGA SITTING AT SAGARA IN
M.A.NO.10002/2022 CONFIRMING THE ORDER DATED
04.12.2021 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND
JMFC AT HOSANAGARA IN MISC. PETITION NO.1/2018 (OLD
NO.3/2018) REFUSING TO SET ASIDE THE EX-PARTE JUDGMENT
AND DECREE DATED 07.07.2014 IN O.S.NO.47/2013 OF THE
LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGARA
AND ETC.
THIS CRP, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:18743
CRP No. 323 of 2024
ORDER
1. The petitioner is before this Court seeking for the
following reliefs;
1. Call for the records.
2. Set aside the order dated 13.03.2024 passed by
the learned V Additional District and Sessions
Judge, Shivamogga sitting at Sagara in
M.A.No.10002/2022 confirming the order dated
04.12.2021 passed by the learned Senior Civil
Judge and JMFC at Hosanagara in Misc. Petition
No.1/2018 (Old No.3/2018) refusing to set aside
the ex-parte judgment and decree dated
07.07.2014 in O.S.No.47/2013 of the learned
Additional Senior Civil Judge and JMFC, Sagara;
3. Pass an appropriate order allowing the
miscellaneous petition filed by the Petitioner in
miscellaneous case No.1/2018 (Old No.3/2018) on
the file of the learned Senior Civil Judge and JMFC,
Hosanagara as prayed for therein.
4. Pass such other suitable order/s as this Hon'ble
Court deems it appropriate in the admitted facts
and circumstances of the case in the interest of
justice;
5. Award the cost of this proceeding.
2. In view of the office objection raised, learned counsel
for the petitioner has filed a memo seeking for
permission to convert the above petition to writ
petition. Accepting his memo, the above petition is
converted to a writ petition.
NC: 2024:KHC:18743
3. Learned counsel for the petitioner is permitted to
comply with all necessary formalities in relation
thereto on compliance by the petitioner, the registry
is directed to place the above petition before the
concerned roster judge.
4. For the purposes of statistics, the above petition
stands disposed of before this Court
Sd/-
JUDGE
SR
