IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL REVISION PETITION NO.440 OF 2016 (RES) BETWEEN:
L. SHIVANNA AGED ABOUT 57 YEARS S/O LATE LINGAIAH R/AT MALLANAPALYA VILLAGE HAMLET OF SOLURU SOLURU HOBLI, MAGADI TALUK RAMANAGARAM DISTRICT PIN-562 127 …PETITIONER (BY SRI. M.C. CHANDRASHEKAR REDDY, ADVOCATE) AND:
1. SMT. RATHNAMMA AGED ABOUT 52 YEARS W/O LATE SIDDALINGAIAH 2. SRI. RAVI AGED ABOUT 33 YEARS S/O LATE SIDDALINGAIAH 3. JAGADISHA AGED ABOUT 30 YEARS S/O LATE SIDDALINGAIAH 4. SRI. SRINIVASA AGED ABOUT 27 YEARS S/O LATE SIDDALINGAIAH R-1 TO R4 ARE RESIDING AT MALLANAPALYA VILLAGE HAMLET OF SOLURU SOLURU HOBLI MAGADI TALUK RAMANAGARAM DISTRICT PIN-562 127 ...RESPONDENTS (BY SRI. V.N. JAGADEESH, ADVOCATE FOR R1 & R3; NOTICE TO R4-SERVED) **** THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC., AGAINST THE ORDER DATED 18.07.2016 PASSED IN OS NO.116/2009 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., MAGADI, DISMISSING SUIT FOR PERMANENT INJUNCTION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioner.
No steps have been taken for compliance of office objections.
This petition is for setting aside the order dated 18.07.2016 for dismissal of the suit in O.S No.116/2009 by the Prl. Civil Judge & JMFC, Magadi.
The suit of the plaintiff is dismissed on the reason that in a suit for bare injunction on the death of defendant, the cause of action does not survive against legal representatives.
No grounds are made out that the revision petition is maintainable. Office objections are also no complied with.
Hence, the civil revision petition is dismissed.
Sd/- JUDGE SJ