IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION NO.53998 OF 2018 (GM-CPC) BETWEEN:
1. SMT. SHIVAMMA W/O LATE SRI THIRUMALAIAH AGED ABOUT 61 YEARS 2. SRI T.SURESH S/O LATE SRI THIRUMALAIAH AGED ABOUT 40 YEARS 3. SRI T.PRAKASH S/O LATE SRI THIRUMALAIAH AGED ABOUT 36 YEARS 4. SRI T.RAMESH S/O LATE SRI THIRUMALAIAH AGED ABOUT 33 YEARS PETITIONERS 1 TO 4 ARE RESIDING AT NO.3326 40 FEET ROAD CHANDRANAGAR KUMARASWAMY LAYOUT BENGALURU-560078. … PETITIONERS (BY SRI K. ABHINAV ANAND, ADVOCATE) AND:
1. SMT. MARIYAMMA CLAIMING AS WIFE OF LATE SRI THIRUMALAIAH AGED ABOUT 55 YEARS 2. SRI T. RAVI KUMAR CLAIMING AS SON OF LATE SRI THIRUMALAIAH AGED ABOUT 29 YEARS RESPONDENTS 1 AND 2 ARE R/AT NO.210, 2ND CROSS DATTATREYA LAYOUT K.G.NAGAR GAVIPURAM EXTENSION BENGALURU-560019. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.11.2018 VIDE ANNX-A PASSED BY THE LEARNED IX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-5), BENGALURU ON IA FILED U/O VII RULE 11(d) OF THE CPC AND ALLOW THE SAID APPLICATION AND CONSEQUENTLY REJECT THE PLAINT IN O.S.NO.1092/2013 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The writ petition is disposed off as having become infructuous in terms of memo, to enable the petitioners to file Civil Revision Petition against the impugned order.
The Registry is directed to return the impugned order to the petitioners, forth with, after retaining a copy in the file.
It is needless to mention that the period spent in the prosecution of this petition shall be discounted while computing the period of limitation for filing the Civil Revision Petition/Appeal, as the case may be.
All contentions of the parties are kept open.
Sd/- JUDGE KPS/-