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2025 DAILYLAW 82658 (KAR)

T.R.KUMAR v. GIRIGOWDA

CRP/288/2015 · 2025-11-06

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45021 CRP No. 288 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO.288 OF 2015 (RES) BETWEEN: 1 T.R.KUMAR S/O LATE RANGEGOWDA AGED ABOUT 45 YEARS R/AT THOTI VILLAGE JINNENAHALLI POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT T.R.KUMAR S/O LATE RANGEGOWDA SINCE DIED ON 13.05.2017 BY HIS LRS. 1(a) SMT.BHAGYAMMA W/O LATE T R KUMAR, AGED ABOUT 45 YEARS, R/AT THOTI VILLAGE, JINNENAHALLI POST, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT. 2. T R LAKSHMEGOWDA S/O LATE RANGEGOWDA AGED ABOUT 43 YEARS R/AT THOTI VILLAGE JINNENAHALLI POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT …PETITIONERS (BY SRI R.GURURAJ, ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45021 CRP No. 288 of 2015 AND: 1. GIRIGOWDA S/O LATE RANGEGOWDA AGED ABOUT 60 YEARS R/O THOTI VILLAGE JINNENAHALLI POST HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT 2. T R PUTTASWAMYGOWDA S/O RANGEGOWDA, MAJOR WORKING AS AGRICULTURAL ASSISTANT AGRICULTURAL OFFICE HOLENARASIPURA TOWN HASSAN DISTRICT 2(a) SMT.RATHNAMMA W/O LATE PUTTASWAMYGOWDA, AGED ABOUT 50 YEARS, R/AT KOTE KARANJI KATTE, HOLENARASIPUR TALUK, HASSAN DISTRICT-573 201. 2(b) SRI.MANJUNATH, S/O LATE PUTTASWAMYGOWDA, AGED ABOUT 30 YEARS, R/AT KOTE KARANJI KATTE, HOLENARASIPUR TALUK, HASSAN DISTRICT-573 201. …RESPONDENTS (BY SRI UMESH S P, ADVOCATE FOR R1; R2(a) IS SERVED AND UNREPRESENTED VIDE ORDER DATED 09.10.2025, PETITION AS AGAINST 2(B) IS DISMISSED FOR NON PROSECUTION) THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 08.09.2014 PASSED IN R.A.NO.212/2014 (OLD - 3 - HC-KAR NC: 2025:KHC:45021 CRP No. 288 of 2015 NO.64/2013) ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, CHANNARAYAPATNA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 06.08.2013 PASSED IN O.S NO.509/1995 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, DECREEING THE SUIT FOR RECOVERY OF MONEY. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the revision petitioners has filed memo which reads as under: “The petitioners in the above said Revision petition most humbly pray that, the petition may kindly be dismissed as withdrawn with liberty to the petitioners to work out their rights to proceed against Respondent No.2-T.R.Puttaswamygowda and his LR’s who suffered the Judgment and Decree passed in OS No.509/1995 on the file of Addl. Civil Judge (Jr.Division) at Channarayapattana and did not challenge the same before the first Appellate Court, by initiating appropriate proceedings in the interest of justice and equity.” 2. Placing the memo on record revision petition stands dismissed as withdrawn. - 4 - HC-KAR NC: 2025:KHC:45021 CRP No. 288 of 2015 3. However, withdrawal of the civil revision petition shall not affect the rights in the impugned decree insofar as the respondent No.2 is concerned. Sd/- (V SRISHANANDA) JUDGE MR