- 1 - NC: 2025:KHC-D:4466 CRP No. 100103 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100103 OF 2022 (-) BETWEEN: SMT. SHOBHA SRIKANTHA RAO, W/O. SRIKANTHA RAO, AGE: ABOUT 70 YEARS, OCC: HOUSEHOLD, R/O. NO.708, 17TH MAIN, SARASWATHIPURAM, MYSURU. …PETITIONER (BY SRI. SURESH N. KINI, SRI. N.S. KINI, SRI. S.S. SALI, ADVOCATES) AND: 1. SRI. U. INNANJE RAGHAVENDRA S/O. U. RAMACHANDRA BHAT, SINCE DECEASED BY HIS LR’S ALREADY ON RECORD AS PETITIONER & RESPONDENTS. 2. SRI. U. INNANJE GURURAJ S/O. U. RAMACHANDRA BHAT, AGE ABOUT 74 YEARS, OCC: BUSINESS, R/O. VIPRA TRAVELS, ASHOKA HOTEL BUILDING, LAMINGTON ROAD, HUBBALLI-580020. 3. SRI. U. INNANJE SRIKANTA S/O. U. RAMACHANDRA BHAT, AGE: ABOUT 60 YEARS, OCC: BUSINESS, R/O. HOTEL SAMRAT ASHOKA, HOTEL ASHOKA, LAMINGTON ROAD, HUBBALLI-580020. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4466 CRP No. 100103 of 2022 4. SMT. USHA KISHORE W/O. M.V. KISHORE, SINCE DECEASED BY HER LR’S. 4(A) SMT. SMITA BHATIA, AGE: 46 YEARS, OCC: HOUSEWIFE, R/O. #241, MODEL TOWN, JALANDHAR-144 003. 4(B) SRI AMIT KISHORE, AGE: 44 YEARS, OCC: PVT. SERVICE, R/O. BOLTON, MANCHESTER, UNITED KINGDOM. 4(C) SRI. ROHIT KISHORE, AGE: 38 YEARS, OCC: PVT. SERVICE, R/O.”INCHARA”, #7, I MAIN ROAD, DASARAHALLI EXTENSION, HEBBAL AGRICULTURAL FARM POST, BEHIND BUDDHI SCHOOL, BENGALURU-560024. …RESPONDENTS (BY SRI. MALLIKARJUNSWAMY B. HIRAMATH & SRI. UMESH P. HAKKARKI, ADVOCATES FIR R1; SRI. SADIQ N. GOODWALA, ADVOCATE FOR R4(A-C) R2-HELD SUFFICIENT; R3-SERVED AND UNREPRESENTED; R4-DEAD) THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC PRAYING TO THE ORDER DATED 03.02.2022 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI DISMISSING SUIT IN O.S. NO.116/2021 AS NOT PRESSED, MAY KINDLY BE SET-ASIDE AND THE SUIT IN O.S. NO.116/2021 MAY KINDLY BE RESTORED WITH COST THROUGHOUT IN INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC-D:4466 CRP No. 100103 of 2022 ORAL ORDER In this Revision Petition the defendant No.3 has challenged the order dated 03.02.2022 in OS No. 116/2021, by the Trial Court on memo filed by the plaintiff seeking dismissal of the suit as not pressed. 2. Having taken note of the submission made by the learned counsel appearing for the parties, the plaintiff has filed memo seeking withdrawal of the suit and same was countered by defendant No.1 stating that, the defendant is also a plaintiff in another suit for partition. 3. Having taken note of the finding recorded by the Trial Court that, as the amended plaint was not filed and suit summons were not send to the defendant Nos.3 and 4 before the pending suit, I am of the view that, the observation made by the Trial Court is just and proper and does not call for interference under Section 115 of CPC. 4. In the result, revision fails. Sd/- (E.S.INDIRESH) JUDGE SMM / CT-MCK List No.: 1 Sl No.: 30