Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50316 CRP No. 408 of 2016
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.408 OF 2016(IO) BETWEEN:
SMT YASHODAMMA W/O YELLAPPA AGED ABOUT 65 YEARS R/O RAMAGONDANAHALLI VILLAGE VARTHUR HOBLI, BANGALORE NORTH TALUK-560 066 REPRESENTED BY GPA HOLDER SRI Y.SURESH, …PETITIONER (BY SRI S R HEGDE HUDLAMANE, ADVOCATE) AND:
1.
SRI CHINNAIAH S/O LATE YELLAPPA AGED ABOUT 95 YEARS
2.
SRI VENKATASWAMY SINCE DECEASED BY LRS
2(a) SMT PAPAMMA AGED ABOUT 65 YEARS D/O LATE VENKATASWAMY
2(b) SMT MANJULA AGED ABOUT 37 YEARS D/O LATE VENKATASWAMY
2(c) SMT SUJATHA AGED ABOUT 45 YEARS D/O LATE VENKATASWAMY
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50316 CRP No. 408 of 2016
2(d) SRI MANJUNATH AGED ABOUT 43 YEARS S/O LATE VENKATASWAMY
3.
SRI MUNIRAJ S/O CHINNAIAH AGED ABOUT 53 YEARS
APPELLANTS NO.1 TO 3 ARE R/O RAMAGONDANAHALLI VILLAGE, VIRTHUR HOBLI, BANGALORE-06
4.
SRI V IYER S/O K.R.S.IYER AGED ABUT 78 YEARS, R/O NO.2137 16TH B MAIN, HAL II STAGE, BANGALORE-560 038
5.
SRI BYAS U NAMBISAN S/O UNNIKRISHNAN NAMBIAR, AGED ABOUT 42 YEARS, R/O NO.2995, 12TH A MAIN, II STAGE, INDIRANAGARA BANGALORE-560 038
6.
M/S SIGMA BUILDGON PRIVATE LTD NO.1.07, DIAMOND DISTRICT KODIHALI, AIRPORT ROAD, BANGALORE-560 008
REPRESENTED BY ITS DIRECTOR, MR.MARKIRAT SINGH BEDI NOW OFFICE SHIFTED NO.7, SIGMA 80FT TECH PARK 2ND FLOOR, RAMAGONDANAHALLI, VARTHUR HOBLI WHITEFIELD MAIN ROAD BANGALORE-560 066 …RESPONDENTS
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HC-KAR NC: 2025:KHC:50316 CRP No. 408 of 2016
(BY VIDE ORDER DATED 23.11.2016 NOTICE TO R1 TO R3 IS DISPENSED WITH ;
R2(a),(b), (c), (d) AND R3 –SERVED;
R4 TO R6 SRI AJESH KUMAR S - ADVOCATE)
THIS CRP IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE AGAINST THE ORDER DATED 14.09.2016 PASSED ON IA NO.24 IN OS NO.658/2001 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN), BENGALURU (R) DISTRICT, BENGALURU, REJECTING THE MEMO DATED 19.07.2016 OF DEFENDANT 4 TO 6 THERE IN.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER Heard Sri Narayan Mayyar, learned counsel representing Sri S.R. Hegde Hudlamane, for the petitioner. None appears for the respondents.
2. Operative portion of the impugned order reads as under:
“¥ÀæwªÁ¢ 4 jAzÀ 6 gÀªÀgÀÄ ¢£ÁAPÀ 19.07.2016 gÀAzÀÄ ¸À°è¹gÀĪÀ ªÉÄªÉÆªÀ£ÀÄß wgÀ¸ÀÌj¸À¯ÁVzÉ.”
3. In the strict sense, it is not a revisable order under Section 115 of Code of Civil Procedure.
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HC-KAR NC: 2025:KHC:50316 CRP No. 408 of 2016
4. Moreover, by impugned
order, the suit in O.S.No.658/2001, pending on the file of Additional Civil Judge (Jr.Dn), Bengaluru Rural District, Bengaluru is now sought to be tried by the Senior Civil Judge wherein in respect of the suit property another suit is pending.
5. In such circumstances, in
order to avoid contradictory judgments, if one and the same Court considers both the suits, ends of justice would be met.
6. Accordingly, this court does not find any good reasons to interfere with the order of the trial Court.
7. Hence, the following :
ORDER Revision petition is dismissed.
Sd/-
(V SRISHANANDA) JUDGE
MR