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2025 DAILYLAW 47328 (KAR)

SMT. SANKAVVA W/O NINGAPPA HARAKERI v. SMT. SHANTAVVA ALIAS SHANTAMMA W/O NINGAPPA HORAKERI

CRP/100074/2024 · 2025-03-14

E S Indiresh

Original Suitbody2025

Judgment text

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- 1 - NC: 2021:KHC-D:12881 CRP No. 100074 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH CIVIL REVISION PETITION NO. 100074 OF 2024 (-) BETWEEN: SMT. SANKAVVA W/O. NINGAPPA HORAKERI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. CHIKKABADAWADAGI, TQ: HUNGUND, DIST: BAGALKOTE. …PETITIONER (BY SRI. N.R. KUPPELUR, ADVOCATE) AND: 1. SMT. SHANTAVVA @ SHANTAMMA W/O. NINGAPPA HORAKERI, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. CHIKKABADAWADAGI, TQ: HUNGUND, DIST: BAGALKOTE-571221. 2. BASAVARAJ S/O. SANGAPPA HORAKERI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. CHIKKABADAWADAGI, TQ: HUNGUND, DIST: BAGALKOTE-571221. 3. ANDANAGOUDA S/O. PARANAGOUDA PATIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. CHIKKABADAWADAGI, TQ: HUNGUND, DIST: BAGALKOTE-571221. 4. MANJUNATH S/O. ANDANAGOUDA GOUDAR, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. CHIKKABADAWADAGI, TQ: HUNGUND, DIST: BAGALKOTE-571221. …RESPONDENTS MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2021:KHC-D:12881 CRP No. 100074 of 2024 THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC 1908 PRAYING TO CALL FOR THE RECORDS IN O.S. NO. 221/2021 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS HUNGUND AND TO SET ASIDE THE IMPUGNED ORDER DATED 13.03.2024 ON I.A. NO.1 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS HUNGUND IN O.S. NO.221/2021 AND CONSEQUENTLY TO REJECT THE SUIT. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This revision petition is filed by defendant No.1 assailing the order dated 13.03.2024 in O.S.No.221/2021 on the file of the Principal Civil Judge and JMFC, Hungund (for short “the Trial Court”), dismissing the I.A.No.1. 2. Having taken note of the submissions made by the learned counsel appearing for the petitioner, I have carefully examined the finding recorded by the Trial Court. It is to be noted that the plaintiff has filed suit seeking relief of declaration. Therefore, looking into the plaint averments, I am of the view that the matter requires adjudication only after recording evidence. In that view of the matter, I do not find any merit in the petition. Accordingly, the petition is dismissed. - 3 - NC: 2021:KHC-D:12881 CRP No. 100074 of 2024 In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 1 Sl No.: 29