Citation : 2024 Latest Caselaw 11591 Kant
Judgement Date : 27 May, 2024
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NC: 2024:KHC:17708
CRP No. 320 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CIVIL REVISION PETITION NO. 320 OF 2018 (SC)
BETWEEN:
SRI. N. LOKANATH REDDY,
SON OF LATE V. NAGARATHNAM REDDY,
AGED ABOUT 63 YEARS,
RESIDING AT NO.54/5, 2ND FLOOR,
SRI. CHOWDESHWARI NILAYA,
SHAMMANNA GARDEN,
CHUNCHAGHATTA ROAD,
KONANAKUNTE, BENGALURU - 62.
...PETITIONER
(BY SRI. M.S. NAGARAJA, ADVOCATE)
AND:
SMT. MAHALAKSHMI,
Digitally signed W/O GANGARAJU,
by AGED ABOUT 28 YEARS,
NARAYANAPPA
LAKSHMAMMA FIRST FLOOR, EAST FACING,
Location: HIGH PROPERTY NO.13, MUNICIPAL NO.18,
COURT OF
KARNATAKA 6TH MAIN, MEENAKSHINAGAR,
KAMAKSHIPALYA,
KAREKALLU, BENGALURU - 79.
...RESPONDENT
(VIDE ORDER DATED 14.06.2019 SERVICE OF NOTICE TO
RESPONDENT HELD SUFFICIENT)
THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA
SMALL CAUSES COURT ACT., 1964 AGAINST THE JUDGMENT
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NC: 2024:KHC:17708
CRP No. 320 of 2018
AND DECREE DATED: 15.06.2018 PASSED IN SC.NO.325/2018
ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE,
AND XXII A.C.M.M (SCCH-26) BENGALURU, DISMISSING THE
SUIT FOR VACANT POSSESSION AND DAMAGES.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
(a) call for the entire records in SC No.325/2018 on the file of 24th Addl. Small Causes Judge and XXII ACMM, Bengaluru,
(b) after perusal be pleased to set aside the Judgment and Decree passed by the Learned 24th Addl. Small Causes Judge and XXII ACMM, Bengaluru, in SC No.325/2018 dated 15.06.2018,
(c) consequently decree the suit filed by the petitioner in SC No.325/2018,
2. The proceedings before the Trial Court having been filed
by this petitioner, learned counsel for the petitioner
submits that the petitioner has taken possession of the
premises and as such, he has filed a memo, which reads
as under:
"The undersigned counsel for the petitioner submits that the petitioner has taken possession of the property. Hence, the petitioner has not pressed the above petition and prays that this Hon'ble Court may be pleased to dismiss the same as not pressed in the interest of justice."
NC: 2024:KHC:17708
3. Accepting the said memo and the submission of the
counsel for the petitioner, the petition is dismissed as not
pressed.
Sd/-
JUDGE
GJM
CT: BHK
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