IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA CIVIL REVISION PETITION NO.91 OF 2017 BETWEEN:
1. SUMATHI D/O LATE AKKAMMA GANIGA AGED ABOUT 55 YEARS 2. ROHINI D/O LATE AKKAMMA GANIGA AGED ABOUT 50 YEARS 3. RAJEEVI D/O LATE AKKAMMA GANIGA AGED ABOUT 48 YEARS ALL ARE RESIDING AT LAKSHMI HOUSE BADANIDIYOOR VILLAGE & POST UDUPI TALUK & DISTRICT – 576 115 (BY SRI. PRASANNA V.R., ADV.,) ... PETITIONERS AND:
SMT. INDIRA GANIGA W/O LATE VASU GANIGA AGED ABOUT 76 YEARS RESIDING AT SAGARA SHIVAMOGGA DISTRICT – 577 401 (BY SRI. GANGADHARA D.C., ADV. FOR SRI. M.S. HARISH KUMAR, ADV.,) ... RESPONDENT THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC., FILED AGAINST THE ORDER DATED 15.07.2016 PASSED ON IA NO.6 IN RA NO.44/2012 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, UDUPI, DISMISSING THE IA FILED UNDER SECTION 151 R/W O.22 RULE 3 CPC AND 22 RULES 9 & 11 OF CPC., FILED AGAINST JUDGMENT AND DECREE DATED 04.06.2012 PASSED IN O.S.NO.65/2008 ON THE FILE OF THE II ADDL. CIVIL JUDGE & JMFC., UDUPI DECREEING THE SUIT FOR POSSESSION.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In view of the objections raised by the learned advocate for the respondent regarding maintainability of the petition being meritorious, the petitioners are directed to convert this petition into writ petition under Article 227 of the Constitution of India. Amendment be incorporated during the course of the day.
For statistical purpose, this petition stands disposed of.
Relist on 27.04.2017 before the Court concerned.
Sd/-
JUDGE GH