- 1 - HC-KAR NC: 2025:KHC:44740 CRP No. 231 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 231 OF 2020 BETWEEN: G. SRIPATHI RAO AGED 43 YEARS S/O LATE G. KESHAVA RAO R/AT 2-1-89, GUNDIBAIL POST KUNJIBETTU - 576 102, UDUPI TALUK AND DISTRICT. …PETITIONER (BY SRI. SUDESH KUMAR ACHARYA U, ADVOCATE) AND: 1. B. GIRISH AITHAL AGED 43 YEARS, S/O LATE KRISHNAMURTHY AITHAL R/AT CHURCH ROAD, NO.76, BADAGUBETTU VILLAGE UDUPI - 576 101. 2. UDUPI TOWN MUNICIPALITY UDUPI - 576 101. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. KEERTHI PRASAD D.C, ADVOCATE FOR R1; VIDE ORDER DATED 20.01.2021, SRI. T.I. ABDUL, ADVOCATE FOR R2) THIS CRP IS FILED UNDER SECTION 115 OF CPC AGAINST THE ORDER DATED 19.02.2020 PASSED ON IA No.12 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44740 CRP No. 231 of 2020 IN OS.No.478/2012 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE UDUPI, REJECTING THE IA No.12 FILED UNDER VII RULE 11(d) OF CPC FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ADMISSION, 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 a memo. The memo reads as under: "The above CRP came to be filed by the above petitioner seeking prayer to set aside the impugned order dated 19.02.2020 passed in I.A.No.12 in O.S.No.478/2012 on the file of the Court of the Addl. Civil Judge and JMFC, Udupi, wherein the application filed by the petitioner under Order 7 Rule 11(d) of Code of Civil Procedure came to be rejected. However the Trial Court in O.S.No.478/2012 subsequently after conducting the Trial Court was pleased to dismiss the suit as per the judgment dated 01.07.2023. The appeal filed by the respondent in RA No.45/2023 also came to be dismissed vide judgment dated 01.10.2024. In view of the above said circumstances, the CRP filed by the petitioner is not survive for consideration and the same may be permitted to be withdrawn as not pressed, it may be ordered accordingly.” - 3 - HC-KAR NC: 2025:KHC:44740 CRP No. 231 of 2020 Placing the memo on record, revision petition is dismissed as it has rendered infructuous in view of the disposal of the main suit in the Trial Court. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 21