IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL REVISION PETITION NO.272 OF 2018 BETWEEN:
Sri K.S.Swamy S/o Kolandai Swamy, Aged about 58 years, R/at # 252, Near PS Banneraghatta, Bengaluru-560083. ...Petitioner (By Sri Manjunath.K.S, Advocate) AND:
1. Mr. Rakesh S/o Sampangiramaiah, Aged about 18 Years 2. Smt Prabhavathi W/o Sampangiramaiah, Aged about 32 Years, Respondents No.1 and 2 R/at New Gurappanapalya, 2nd Cross, Banneraghatta Road, Bengaluru-560083.
3. Mr. Sampangiramaiah S/o Late T.Narayanappa, Aged about 40 years, R/at Kempanayakanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru District. ...Respondents (By Sri Bhaskar Babu H.J., Advocate) **** This CRP is filed under Section 115 of CPC, against the judgment and decree dated 28.04.2018 passed in M.A.No.5021/2017 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District, Sitting at Anekal, Allowing the miscellaneous appeal and setting aside the order dated 20.09.2017 passed on I.A.No.2 in O.S.No.199/2011 on the file of the Senior Civil Judge Anekal, allowing I.A.No.2 filed under Order 39 Rule 1 and 2 of CPC.
This petition coming on for orders this day, the court made the following:
ORDER Learned counsel for the petitioner has filed a memo seeking conversion of the Civil Revision Petition into Writ Petition (GM-CPC) as the revision petition is not maintainable against the interlocutory order passed by both the courts below.
2. Considering the submission of the learned counsel, the memo is placed on record.
3. Learned counsel for the petitioner is permitted to withdraw the Civil Revision Petition and to convert the same into Writ Petition (GM-CPC), if permissible under law.
Accordingly, this petition is disposed of.
Sd/- JUDGE rv