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2025 DAILYLAW 61085 (KAR)

YALLAPPA ALIAS MAHADEVAPPA S/O NINGAPPA MYAGERI v. HIREGOUDA ADOPTED SON OF BARAMAGOUDA PATIL

CRP/100063/2025 · 2025-07-31

G Basavaraja

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:9459 CRP No. 100063 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CIVIL REVISION PETITION NO. 100063 OF 2025 BETWEEN: YALLAPPA @ MAHADEVAPPA S/O. NINGAPPA MYAGERI AGE: 67 YEARS, OCC. AGRICULTURE, R/O. GOKUL VILLAGE, TQ. HUBBALLI, DIST. DHARWAD 580030. …PETITIONER (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: HIREGOUDA ADOPTED SON OF BARAMAGOUDA PATIL AGE: 39 YEARS, OCC. AGRICULTURE, R/O. SAUNSHI VILLAGE, TQ. KUNDAGOL, DIST. DHARWAD 581117. …RESPONDENT THIS CIVIL REVISION PETITION FILED UNDER SEC.115 OF CPC, PRAYING TO, CALL FOR THE TRIAL COURT RECORDS AND QUASH/SET ASIDE THE IMPUGNED ORDER DATED 11/04/2025 PASSED IN O.S.NO. 107/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., COURT AT KUNDAGOL TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 15:03:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9459 CRP No. 100063 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel for the petitioner has filed memo dated 31.07.2025, which reads as under : “The present revision petition is filed challenging the impugned order dated 11.04.2025 by which application filed by the respondent/ defendant under Order-VII Rule 11(a) and (d) of CPC came to be allowed. As against the said impugned order, regular first appeal lays. Hence, the revision petition may be permitted to withdraw the present petition with liberty to file regular first appeal and also sought for in the event delay is caused in preferring the appeal same may be condoned under Section 14 of the Limitation Act to meet the ends of justice. Hence, this memo.” 2. Perused the memo dated 31.07.2025. Memo is accepted. Petitioner is permitted to withdraw the petition with liberty to file regular first appeal and also is at liberty to avail the benefit of Section 14 of the Limitation Act. Sd/- (G BASAVARAJA) JUDGE CKK Ct-cmu LIST NO.: 1 SL NO.: 19