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2025 DAILYLAW 72600 (KAR)

SMT. RATHNAMMA v. SMT. JAYARANGAMMA

CRP/213/2024 · 2025-12-15

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53233 CRP No. 213 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 213 OF 2024 (IO) BETWEEN: 1. SMT. RATHNAMMA W/O KEMPANANJEGOWDA, AGED ABOUT 51 YEARS, 2. SMT. JAYAMMA W/O MOGANNAGOWDA, AGED ABOUT 68 YEARS, BOTH RESIDING AT: R/AT GANESH NAGAR, BEHIND OLD GOUTHAM SCHOOL, C.R. PATNA TOWN - 573 116. …PETITIONERS (BY SRI. KUMARA K G, ADVOCATE) AND: 1. SMT. JAYARANGAMMA W/O LATE GOVINDEGOWDA, AGED ABOUT 72 YEARS, R/AT KALASINDA VILLAGE, KASABA HOBLI, C R PATNA, HASSAN - 573 116. …RESPONDENT (BY SRI. SATHISHA D J, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53233 CRP No. 213 of 2024 THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 21.11.2023 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, HASSAN IN OS NO.795/2022 ON IA NO.III UNDER ORDER 7 RULE 11(a) AND (d) R/W SEC.151 OF CPC., AND DISMISS THE SUIT OF PLAINTIFF AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Kumara K.G., learned counsel for the petitioners and Sri Sathisha D.J., learned counsel for the respondent. 2. After arguing the matter for sometime, learned counsel for the respondent files a memo. The memo reads as under: “In view of the order passed by the Hon'ble Court dated 15/12/25, the respondent shall withdraw the suit in OS No.795 of 2022 pending on the file of II Additional Civil Judge and JMFC, Channarayapatna. Hence kindly take the same on record, in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:53233 CRP No. 213 of 2024 3. Placing the memo on record, following order is passed:- (i) The Civil Revision Petition is allowed. (ii) Consequently, the suit in O.S. No.795/2022, pending on the file of learned II Additional Civil Judge and JMFC, Channarayapatna, is hereby dismissed. (iii) The respondent-plaintiff is permitted to file necessary application under Order XXIII Rule 3 of Code of Civil Procedure, to re-open the compromise decree passed in O.S. No.35/2010 on the file of Principal Civil Judge, (Junior Division), Channarayapatna, following the dictum of the Hon'ble Apex Court in Triloki Nath Singh v. Anirudh Singh1 and Shri Mukund Bhavan Trust & Others v. Shrimant Chatrapathi Raje Pratapsingh Maharaj Bhonsle2. 1 (2020) 6 SCC 629 2 (2024) 15 SCC 675 - 4 - HC-KAR NC: 2025:KHC:53233 CRP No. 213 of 2024 (iv) If such an application is filed, for the limited purpose of adjudicating the merits of the said application, the compromise decree shall be re-opened and the application to be filed by the respondent-plaintiff shall be disposed of in accordance with law. Sd/- (V SRISHANANDA) JUDGE BSS List No.: 1 Sl No.: 28