IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE S.G. PANDIT C.R.P. No.433/2017 BETWEEN:
BASAVAIAH S/O. MANITHATHI MUDDAIAH AGED ABOUT 77 YEARS R/O: HODAGAHATTA VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571 401.
...PETITIONER (BY SRI. D S HOSMATH, ADV.-ABSENT) AND:
1. G. BASAVAIAH S/O. LATE GURUVAIAH AGED ABOUT 62 YEARS 2. H. D. MUDDAIAH S/O. LATE DEVAIAH AGED ABOUT 54 YEARS 3. H. B. GURUBASAVAIAH S/O. LATE DEVAIAH AGED ABOUT 50 YEARS (ALL ARE RESIDENTS OF HODAGATTA VILLAGE BASARALU HOBLI MANDYA TALUK AND DISTRICT-571 401.) …RESPONDENTS (BY SRI.H B CHANDRASHEKAR, ADV. FOR R1 TO R3) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND ORDER DATED 12.08.2017 PASSED IN MA.NO.06/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., MANDYA ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER 17.02.2016 PASSED ON IA.NO.II IN OS.NO.486/2015 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC., MANDYA, REJECTING THE IA.NO.II FILED UNDER ORDER 39 RULES 1 AND 2 R/W SECTION 151 OF CPC.
THIS CIVIL REVISION PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER No representation for the petitioner in the morning as well as in the after noon.
2. On 29.11.2019, the petition was ordered to be listed today at the request of the learned counsel for the petitioner.
3. The order under challenge is dated 12.08.2017 passed in M.A.No.6/2016. Petitioner is the defendant in O.S.No.486/2015 wherein the trial Court rejected the application I.A.No.2 filed under Order 39 Rules 1 and 2 of CPC, against which, the plaintiffs filed M.A.No.6/2016 which was allowed and application filed under Order 39 Rules 1 and 2 of CPC was allowed. Against the said order, the present revision petition is filed.
4. In view of provisions of Section 115 of CPC, the present Civil Revision Petition would not be maintainable against the impugned judgment in M.A.No.6/2016. Accordingly, the revision petition stands dismissed.
mpk/-* CT:bms Sd/-
JUDGE