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2025 DAILYLAW 51775 (KAR)

SMT. LATHA PRASAD v. MRS. FARHATUNNISA

CRP/882/2025 · 2025-12-02

V Srishananda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50315 CRP No. 882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 882 OF 2025 (IO) BETWEEN: SMT. LATHA PRASAD W/O SRI T.R. PRASAD, AGED ABOUT 50 YEARS, RESIDING AT NO.107, 2ND MAIN, 2ND CROSS, 5TH BLOCK, NAGARABHAVI, BENGALURU-560072. &PETITIONER (BY SRI. MANJUNATH V, ADVOCATE) AND: 1. MRS. FARHATUNNISA W/O LATE. I.K. IFTAKAR AHMED, AGED ABOUT 65 YEARS, (DEAD) 2. MR ANEES UR REHMAN S/O LATE I.K. IFTAKAR AHMED, AGED ABOUT 49 YEARS, 3. MS.ASFIYA FATHIMA D/O LATE. I.K. IFTAKAR AHMED, AGED ABOUT 45 YEARS, 4. MR IBRAHIM KHAN S/O LATE I.K. IFTAKAR AHMED, AGED ABOUT 44 YEARS, 5. MS. ASMIYA FATHIMA D/O LATE I.K. IFTAKAR AHMED, AGED ABOUT 41 YEARS, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50315 CRP No. 882 of 2025 6. MR ISMAIL KHAN S/O LATE I.K. IFTAKAR AHMED, AGED ABOUT 44 YEARS, THE RESPONDENTS 1 TO 6 ARE RESIDING AT NO.19, B.F. ROAD, DODDAMAVANAHALLI, BASAVANAGUDI BENGALURU- 560 004. &RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE AGAINST THE ORDER DATED 25.10.2025 PASSED ON I.A.NO.3 IN COM.O.S.NO.985/2024 ON THE FILE OF THE LXXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90), DISMISSING THE I.A.NO.3 FILED UNDER ORDER VII RULE 11(d) OF CPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the revision petitioner has filed memo, which reads as under: <In the above case, there is an office objection for maintainability. The above case was filed inadvertently in the above title, it was supposed to be in another petition. The Hon9ble Court is prayed to allow the petitioner advocate to withdraw the above petition and file a proper petition before the High Court. - 3 - HC-KAR NC: 2025:KHC:50315 CRP No. 882 of 2025 Hence, the case may be dismissed with a liberty to file the said case in another proper petition. Also prayed to return the certified copies filed with petition to the counsel.= 2. Placing the memo on record, revision petition is dismissed as withdrawn with liberty as prayed for. 3. Time spent before this Court shall be excluded for computation of the limitation under Section 14 of the Limitation Act in the intended petition. 4. Office is directed to return the certified copies after keeping photocopies. Sd/- (V SRISHANANDA) JUDGE MR