IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S R KRISHNA KUMAR CIVIL REVISION PETITION NO.221 OF 2015 C/W CIVIL REVISION PETITION NO.223 OF 2015 IN CRP No.221 OF 2015 BETWEEN:
Sri B.N. Shivakumar S/o B.N. Nagaraju Aged about 29 years R/o: Byadarahalli Village Kasaba Hobli, Maddur Taluk Mandya District – 571 401. ... Petitioner (By Sri. D.S. Hosmath, Advocate) AND:
1. Puttalingaiah S/o. Late Moogachannegowdana Maregowda Aged about 65 years Agriculturist R/o: Byadarahalli Village Kasaba Hobli Maddur Taluk – 571428.
2. Kalasaiah S/o. Late Ningegowda Aged about 65 years 3. B.K. Siddaraju S/o. Sri Kalasaiah Aged about 35 years 4. B.N. Nagaraju S/o. Late Ningegowda Aged about 55 years 5. Smt. Puttamallamma W/o. Late Puttalingaiah Aged about 50 years 6. Sri Ningegowda S/o. Late Puttalingaiah Aged about 28 years 7. Sri Mooguraiah S/o. Late Ningegowda Aged about 50 years 8. Sri Javarayi S/o. Late Ningegowda Aged about 70 years 9. Smt. Gowramma W/o. Late Shivalingaiah Aged about 45 years Respondent 2 to 9 are R/o: Byadarahalli Village Kasaba Hobli Maddur Taluk – 571428. ... Respondents ( Respondent Nos.2 to 7 and R9 are served) This CRP is filed under Section 115 of CPC against the judgment and decree dated 11.02.2015 passed in MA No.3/2012 on the file of the Senior Civil Judge, Maddur, allowing the appeal and setting aside the judgment and decree dated 04.10.2012 passed in OS No.348/2009 on the file of the Additional Civil Judge and JMFC at Maddur, dismissing the IA No.2 filed U/o 39 Rule 1 and 2 r/w Sec.151 of CPC.
IN CRP No.223 OF 2015 BETWEEN:
Sri B.N. Shivakumar S/o B.N. Nagaraju Aged about 29 years R/o: Byadarahalli Village Kasaba Hobli, Maddur Taluk Mandya District – 571 428. ... Petitioner (By Sri. D.S. Hosmath, Advocate) AND:
1. Puttalingaiah S/o. Late Moogachannegowdana Maregowda Aged about 65 years Agriculturist R/o: Byadarahalli Village Kasaba Hobli Maddur Taluk.
2. Kalasaiah S/o. Late Ningegowda Aged about 65 years 3. B.K. Siddaraju S/o. Sri Kalasaiah Aged about 35 years 4. B.N. Nagaraju S/o. Late Ningegowda Aged about 55 years 5. Smt. Puttamallamma W/o. Late Puttalingaiah Aged about 50 years 6. Sri Ningegowda S/o. Late Puttalingaiah Aged about 28 years 7. Sri Mooguraiah S/o. Late Ningegowda Aged about 50 years 8. Sri Javarayi S/o. Late Ningegowda Aged about 70 years 9. Smt. Gowramma W/o. Late Shivalingaiah Aged about 45 years Respondent 2 to 9 are R/o: Byadarahalli Village Kasaba Hobli Maddur Taluk – 571428. ... Respondents ( Sri K.V. Nitish Advocate for Sri K.V. Narasimhan, Advocate for R1 Respondent Nos.2 to R9 are served) This CRP is filed under Section 115 of CPC against the judgment and decree dated 11.02.2015 passed in MA No.4/2012 on the file of the Senior Civil Judge, Maddur, allowing the miscellaneous appeal and setting aside the order dated 04.10.2012 passed on I.A.No.3 in O.S.No.348/2009 on the file of the Additional Civil Judge & JMFC., Maddur, dismissing the IA No.3 filed under order 39 Rule 1 and 2 R/w Sec. 151 of CPC.
These civil revision petitions are coming on for orders this day, the court made the following:
ORDER Vakalath filed on behalf of learned counsel for respondent No.1 through his GPA holder is accepted.
2. Learned counsel on behalf of respondent No.1 has filed a memo dated 03.09.2019 to the effect that the suit in OS No.348/2009 as well as miscellaneous appeal in MA No.3/2012 out of which the present revision petition arises have been disposed off. This is not disputed by the learned counsel appearing on behalf of the petitioner.
3. The said memo is placed on record.
4. Hence, both the revision petitions are hereby disposed off as having become infructuous.
Sd/- JUDGE nms