Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:10002 CRP No. 550 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO.550 OF 2024 (IO)
BETWEEN:
SRI. J. RAGHU S/O LATE JAYARAM, AGED ABOUT 39 YEARS, R/AT NO. 12, 21ST MAIN ROAD, NANDINI LAYOUT, BENGALURU - 560 095. …PETITIONER (BY SRI. MANJUNATH H, ADVOCATE) AND:
1.
SRI. S. GOVINDAIAH, S/O LATE MOODALAGIRIGOWDA, AGED ABOUT 78 YEARS,
2.
SMT. G.C. LAKSHMAMMA W/O SRI. GOVINDAIAH AGED ABOUT 63 YEARS,
SL 1 AND 2 ARE RESIDING AT BEERAMMANAHALLI VILLAGE, IDAGOOR POST, C.S. PURA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 213. …RESPONDENTS (BY SRI. PRADEEP H.S, ADVOCATE)
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:10002 CRP No. 550 of 2024
THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 24.07.2024 PASSED ON IA NO.4/2024 IN OS NO. 6670/2023 ON THE FILE OF XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU, REJECTING THE IA NO.4/24 FILED UNDER SEC. 10 OF CPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER
Learned counsel for the respondents submits that the prayer in the CRP has become infructuous, since the petitioner was seeking stay of further proceedings in O.S.No.6670/2023 by filing I.A.No.4/2024 under Section 10 of the CPC, since the plaintiffs have also filed a petition before the Assistant Commissioner, Bengaluru North Sub-Division contesting the matter in respect of the gift deed dated 03.09.2020, which is also a subject matter of the suit. However, the petition has been withdrawn on 05.11.2024.
2.
Learned counsel for the respondents submits that copy of the
order dated 10.09.2024 passed in MFA.No.5566/2024 is also annexed along with a memo wherein it was directed that the plaintiff shall withdraw the petition filed
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NC: 2025:KHC:10002 CRP No. 550 of 2024
before the Tribunal within a period of four weeks. Accordingly, the petition has been withdrawn.
3. However, it is the submission of the learned counsel for the petitioner that the petition was disposed of on merits and not in terms of the memo for withdrawal filed by the respondents.
4. At any rate, since the petition has been disposed of at the hands of the Assistant Commissioner, the prayer made in the interlocutory application filed under Section 10 will not survive for consideration.
Accordingly, the CRP stands disposed of.
SD/- (R DEVDAS) JUDGE
rv List No.: 1 Sl No.: 31 CT: BHK