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2026 DAILYLAW 42597 (KAR)

M BHOOMIIKA v. LATE M MUNENDRA

CRP/746/2026 · 2026-09-21

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010576002026 NC: 2026:KHC:51658 CRP No. 746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL REVISION PETITION NO. 746 OF 2026 (IO) BETWEEN: M. BHOOMIKA, AGED 19 YEARS, D/O LATE MUNENDRA, NO.11, 14TH CROSS, TC PALYA MAIN ROAD, NEAR RAGHAVENDRA CIRCLE, RAMAMURTHYNAGAR, BANGALORE - 560 036. …PETITIONER (BY SMT. V. SHAILAJA., ADVOCATE) AND: 1. LATE M. MUNENDRA, S/O MUNIYAPPA, AGED ABOUT 36 YEARS, R/AT SHREE YELLAMMA DEVI TEMPLE MAIN ROAD, PATANDUR AGRAHARA, WHITEFIELD POST, BENGALURU - 560 066. 2. SMT. SHASHIKALA, W/O KRISHNAPPA, AGED ABOUT 40 YEARS, R/AT NO.05/698, TMJ KOTE VILLAGE SAPPADI POST, SULAGIRI TALUK, KRISHNAGIRI DISTRICT, TAMILNADU - 635 117. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010576002026 NC: 2026:KHC:51658 CRP No. 746 of 2026 3. MUNIVEERAPPA, S/O LATE BYRAPPA, AGED ABOUT 66 YEARS, R/AT SHREE YELLAMMA DEVI TEMPLE MAIN ROAD, PATANDUR AGRAHARA, WHITEFIELD POST, BENGALURU - 560 066. 4. MUNIVENKATAMMA, S/O LATE BYERAPPA, AGED ABOUT 49 YEARS, R/AT SHREE YELLAMMA DEVI TEMPLE MAIN ROAD, PATANDUR AGRAHARA, WHITEFIELD POST, BENGALURU - 560 066. 5. B. KRISHNAPPA, S/O LATE BYERAPPA, AGED ABOUT 54 YEARS, R/AT H.NO.135, SHREE YELLAMMA DEVI TEMPLE MAIN ROAD, PATANDUR AGRAHARA, WHITEFIELD POST, BENGALURU - 560 066. 6. B. RAMESH, S/O LATE BYERAPPA, AGED ABOUT 49 YEARS, R/AT SHREE YELLAMMA DEVI TEMPLE MAIN ROAD, PATANDUR AGRAHARA, WHITEFIELD POST, BENGALURU - 560 066. 7. SMT. JAYALAKSHMI, S/O LATE BYERAPPA, - 3 - HC-KAR CNR: KAHC010576002026 NC: 2026:KHC:51658 CRP No. 746 of 2026 AGED ABOUT 53 YEARS, R/AT SHREE YELLAMMA DEVI TEMPLE MAIN ROAD, PATANDUR AGRAHARA, WHITEFIELD POST, BENGALURU - 560 066. …RESPONDENTS THIS CRP IS FILED UNDER SEC.115 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.06.2026 PASSED BY THE LEARNED IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN OS NO.2232/2023, WHEREBY THE PLAINT WAS REJECTED UNDER ORDER VII RULE 11 OF CPC., 1908 AND RESTORE OS NO.2232/2023 TO THE FILE OF THE TRIAL COURT FOR ADJUDICATION ON MERITS IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed under Order VII Rule 11 CPC dated 03.06.2026 in OS.No.2232/2023 by the learned IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, whereby the Court has rejected the plaint, the petitioner has come before the Court by filing a CRP. 2. Office has raised an objection with regard to the maintainability. - 4 - HC-KAR CNR: KAHC010576002026 NC: 2026:KHC:51658 CRP No. 746 of 2026 3. The office objection with regard to the maintainability is upheld. Accordingly, the CRP is dismissed as withdrawn with a liberty to avail the appropriate remedy within a period of 4 weeks from the date of receipt of the copy of the order. 4. Registry is directed to return all the documents by retaining the xerox copies. 5. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BH List No.: 1 Sl No.: 11