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2025 DAILYLAW 12708 (KAR)

SRI MOHAMMED SHOIAB ULLA N v. SMT NASREEN SULTANA

CRP/7/2025 · 2025-01-23

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:2939 CRP No. 7 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO.7 OF 2025 BETWEEN: SRI. MOHAMMED SHOIAB ULLA N., S/O LATE. M.V. MOHAMMED NOORULLA, AGED ABOUT 37 YEARS, R/AT NO.25, 2ND MAIN ROAD, AMBEDKAR LAYOUT, R.T. NAGAR, BENGALURU – 560 032. …PETITIONER (BY SRI. TANVEER AHMED SHARIFF, ADVOCATE) AND: 1. SMT. NASREEN SULTANA W/O LATE. M.V. MOHAMMED NOORULLA, AGED ABOUT 63 YEARS, R/AT NO.17/1, 1ST CROSS, APPANNA BLOCK, R.T. NAGAR, BENGALURU – 560 032. 2. SRI. N. MOAHMMED MUJEERULLA S/O LATE. M.V. MOHAMMED NOORULLA, AGED ABOUT 43 YEARS, NO.17/1, 1ST CROSS, APPANNA BLOCK, R.T. NAGAR, BENGALURU – 560 032. 3. SMT. SUMAIYA TAZEEN D/O LATE. M.V. MOHAMMED NOORULLA, AGED ABOUT 41 YEARS, NO.17/1, 1ST CROSS, APPANNA BLOCK, R.T. NAGAR, BENGALURU – 560 032. …RESPONDENTS Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2939 CRP No. 7 of 2025 THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC, AGAINST THE ORDER DATED 23.11.2024 PASSED ON IA IN OS NO.2200/2021 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE IA FILED UNDER ORDER 7 RULE 11(a), (b) AND (d) OF CPC, FOR REJECTION OF PLAINT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Having regard to the office objections raised that the application filed by the defendants under Order VII Rule 11(a), (b) and (d) of CPC being allowed at the hands of the learned IV Addl. Senior Civil Judge, Bengaluru Rural District and the plaint being rejected, a Civil Revision Petition under Section 115 is not maintainable, learned counsel for the petitioner has filed a memo seeking leave of this Court to convert this Civil Revision Petition into a Regular First Appeal. - 3 - NC: 2025:KHC:2939 CRP No. 7 of 2025 2. The Civil Revision Petition under Section 115 cannot be converted into a Regular First Appeal which requires an appeal being filed in accordance with law. Therefore, the Civil Revision Petition is dismissed as withdrawn while reserving liberty to the petitioner to file a Regular First Appeal. If Regular First Appeal is filed, the time spent by the petitioner before this Court in the Civil Revision Petition shall be taken into consideration. Sd/- (R DEVDAS) JUDGE KLY