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2025 DAILYLAW 79823 (KAR)

CECILIA MARINA NIRMALA FERNANDES v. EVELYN FERNANDES

CRP/418/2025 · 2025-12-03

V Srishananda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:51052 CRP No. 418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 418 OF 2025 BETWEEN: 1. CECILIA MARINA NIRMALA FERNANDES AGED ABOUT 50 YEARS 2. JULIANA MARIA PREMILA FERNANDES AGED ABOUT 46 YEARS ADDRESS OF BOTH PETITIONERS C/O ANANYA RAI, NO. 607-608, 6TH FLOOR, NO. 135, BRIGADE TOWERS, BRIGADE ROAD, BENGALURU - 560 025. …PETITIONERS (BY SMT. ANANYA RAI, ADVOCATE A/W SMT. AISHWARYA J, ADVOCATE) AND: 1. EVELYN FERNANDES AGED ABOUT 81 YEARS 2. FELIX MARIANO VIJAY FERNANDES AGED ABOUT 54 YEARS ADDRESS OF BOTH RESPONDENTS NO. 8, FIRST FLOOR, 5TH CROSS, MICHAELPALYA II STAGE NEW THIPPASANDRA POST BENGALURU - 560 075. …RESPONDENTS Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51052 CRP No. 418 of 2025 THIS CRP IS FILED UNDER SECTION 115 OF CPC PRAYING TO SET ASIDE THE ORDER MADE IN THE COURT OF THE X ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH-26) IN O.S. NO. 8308 OF 2014, ON 01 MAR 2025, DENYING REVIEW OF THE ORDER DATED 05 AUG 2024, WHEREBY THE LD. TRAIL COURT REJECTED THE PLAINTIFFS' IA NO.34 FILED THEREIN U/CPC ORDER XI, RULE 21 AND CONSEQUENTLY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Earlier memo filed by learned counsel for the revision petitioner is dismissed. Another memo is filed by learned counsel for the revision petitioner for withdrawal. Memo reads as under: “It is humbly submitted that in the light of the fact that a civil revision petition is not maintainable on the facts at hand, the petitioner seeks the leave of the Court to withdraw the above matter with liberty to file a writ petition in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:51052 CRP No. 418 of 2025 Placing the memo on record, petition is dismissed as withdrawn with liberty as prayed for. Time spent before this Court shall be excluded while computing the limitation under Section 14 of the Limitation Act. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 12