Rachayya K Gurayyanavar vs. Shri. Siddharoodha

CRP/100061/2025HC KarnatakaGSTCNR KAHC02009189202521 July 2025Bench: M.G.S. KAMAL6 pages

For Petitioner: SRI. SACHIN C. ANGADI, ADVOCATEFor Respondent: SRI. S.A.SONDUR, ADVOCATE FOR C/R9

AI SummaryDismissed

Facts

The petitioners, legal heirs of the original plaintiff Rachayya K. Gurayyanavar, filed a Civil Revision Petition (CRP) under Section 115 of the CPC, 1908, challenging a judgment and decree dated July 8, 2024, passed by the II Additional Senior Civil Judge and JMFC Hubballi in SC No. 3/2016. The petitioners sought to set aside the impugned judgment and decree. During the proceedings, the petitioners' counsel sought adjournments, initially indicating an intention to withdraw the petition. Subsequently, the respondents' counsel submitted that the petitioners had filed an application before the Trial Court on July 5, 2025, undertaking to voluntarily hand over the premises within one month. The Executing Court had also granted time for the petitioners to vacate within 20 days.

Held

The Court noted that the petitioners' counsel had sought adjournments, first indicating an intention to withdraw the petition and then failing to appear on the day the matter was listed for orders. The respondents' counsel presented evidence of the petitioners' actions before the Trial Court and Executing Court, including an undertaking to vacate the premises and a court order granting them time to do so. The Court concluded that the petitioners appeared to have lost interest in prosecuting the matter. Therefore, no purpose would be served by keeping the petition pending. The Court dismissed the petition for non-prosecution. Any pending interlocutory applications were also disposed of as they did not survive.

Key Issues

1. Whether the Civil Revision Petition is maintainable in light of the petitioners' conduct and subsequent actions before the Trial Court and Executing Court? 2. Whether the petitioners are entitled to have the impugned judgment and decree set aside? The petitioners, through their counsel, initially sought time to argue the matter and later indicated an intention to withdraw the petition. The respondents' counsel brought to the court's notice an application filed by the petitioners before the Trial Court on July 5, 2025, undertaking to vacate the premises within one month, and an order from the Executing Court granting 20 days to vacate. The petitioners' counsel did not appear on the day the matter was listed for final orders.

Sections Cited

Section 115

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

- 1 - HC-KAR NC: 2025:KHC-D:9041 CRP No. 100061 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL REVISION PETITION NO.100061 OF 2025 BETWEEN: RACHAYYA K. GURAYYANAVAR, SINCE DECEASED BY HIS LRS. 1. SMT. DAKSHAYINI W/O. LATE RACHAYYA K. GURAYANAVAR, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O: DURGAD ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD – 580 031. 2. ERAYYA S/O. LATE RACHAYYA K. GURAYANAVAR, AGE ABOUT 43 YEARS, OCC: PRIVATE WORK, R/O: DURGAD ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD – 580 031. 3. KARABASAYYA S/O. LATE RACHAYYA K. GURAYANAVAR, AGE ABOUT 38 YEARS, OCC: PRIVATE WORK, R/O: DURGAD ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD – 580 031. 4. SMT. SUNANDA W/O. GIRIMALLAYYA HIREMATH, AGE ABOUT 36 YEARS, OCC: HOME MAKER, R/O: BEHIND BVB COLLEGE, VIDYANAGAR, HUBBALLI – 580 031. 5. BASAYYA K. GURAYYANAVAR, AGE ABOUT 63 YEARS, OCC: HOME MAKER, R/O: BABASAN GALLI, NEAR DURGADBAIL, HUBBALLI – 580 031. 6. GURUCHANNAYA K. GURAYANAVAR, AGE ABOUT 61 YEARS, OCC: NILL, R/O: BABASAN GALLI, NEAR DURGADBAIL, HUBBALLI – 580 031. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9041 CRP No. 100061 of 2025 7. SIDDAYYA K. GURAYANAVAR, AGE ABOUT 58 YEARS, OCC: BUSINESS, R/O: BABASAN GALLI, NEAR DURGADBAIL, HUBBALLI – 580 031. 8. KALLAYYA R. GURAYANAVAR, AGE ABOUT 56 YEARS, OCC: NILL, R/O: BABASAN GALLI, NEAR DURGADBAIL, HUBBALLI – 580 031. …PETITIONERS (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: SHRI. SIDDHAROODHA SWAMI MATH TRUST COMMITTEE HUBBALLI BY ITS TRUSTEES. 1. RAMESH SIDRAMAPPA BELAGAVI, AGE ABOUT 64 YEARS, OCC: LANDLORD, R/O: NO.118, SIRUR PARK, HUBBALLI – 580 021. 2. MANJUNATH SHANKARAPPA MUNAWALLI, AGE ABOUT 54 YEARS, OCC: BUSINESS, R/O: SIDDALING KRUPA, DESHPANDE NAGAR, NCM HUBBALLI – 580 020. 3. VEERAPPA VEERABHADRAPPA MALLAPUR, AGE ABOUT 72 YEARS, OCC: RETIRED DISTRICT JUDGE, R/O: NO.92, KARIYAMMA DEVI NAGAR GAMANAGARRI, NAVANAGAR, HUBBALLI – 580 025. 4. DR. GOVIND GUNDACHARYA MANNUR, AGE ABOUT 91 YEARS, OCC: MEDICAL PRACTITIONER, R/O: H.NO.113, VISHWESHWAR NAGAR, VIJAYANAGAR, HUBBALLI – 580 032. 5. BASAVARAJ CHANNABASAPPA KALYANASHETTAR, AGE ABOUT 59 YEARS, OCC: BUSINESS, R/O: NO.12/13, SANTOSH NAGAR, - 3 - HC-KAR NC: 2025:KHC-D:9041 CRP No. 100061 of 2025 NEAR MADHURA PARK, VIJAY NAGAR, HUBBALLI – 580 032. 6. BALAKRISHNA (BALU) TULAJANSA MAGAJIKONDI, AGE ABOUT 78 YEARS, OCC: BUSINESS, R/O: SUN CITY HERITAGE, NEAR SURABHI NAGAR, KESHWAPUR, HUBBALLI – 580 023. 7. SMT. SARWAMANGALA NARAYANPRASAD PATHAK, AGE ABOUT 69 YEARS, OCC: RETIRED PRINCIPAL, R/O: NO.44/2, GOULI GALLI, OLD – HUBBALLI, HUBBALLI – 580 024. 8. VINAYAK ARAVIND GHODAKE, AGED ABOUT 48 YEARS, OCC: BUSINESS, R/O: NO.115, HIREPETH, OLD – HUBBALLI, HUBBALLI. 9. CHANNAVIR DUNDAPPA MUNGARWADI, AGE ABOUT 62 YEARS, OCC: CHARTERED ACCOUNTATN, R/O: NO.63, GOKUL ROAD, SHREYA ESTATE, SILVER TOWN, HUBBALLI – 580 023. 10. UDAYKUMAR DEVAPPA NAIK, AGE ABOUT 70 YEARS, OCC: RETIRED DFO R/O: NO.51, GOKUL ROAD, MAHALAKSHMI LAYOUT, HUBBALLI – 580 030. 11. SMT. GEETA TULAJAPPA KALABURGI, AGE ABOUT 63 YEARS, OCC: TAXATION AND GST PRACTITIONER R/O: 3RD MAIN 1ST CROSS, DESHPANDE NAGAR, HUBBALLI – 580 0293 12. KENCHANAGOUDA LINGANAGOUDA PATIL, AGE ABOUT 78 YEARS, OCC: ADVOCATE, R/O: OPP. SARSWATHPUR BUS STAND, DHARWAD. 13. SHAMANAND BALAPPA PUJERI, AGE ABOUT 61 YEARS, OCC: ADVOCATE, R/O: NEAR AGASI KATTA, CHIKKNANDI – 591 233, TQ: GOKAK, - 4 - HC-KAR NC: 2025:KHC-D:9041 CRP No. 100061 of 2025 DIST: BELAGAVI. 14. VENKAREDDY DEVAREDDY KAMAREDDY, AGE ABOUT 76 YEARS, OC: ADVOCATE, R/O: SATTUR COLONY, VIDYAGIRI, DHARWAD. 15. SIDDANAGOUDA PARABHUGOUDA PATIL, AGE ABOUT 64 YEARS, OCC: AGRICULTURE, R/O: NO.18, MALLIKARJUN TEMPLE ROAD, HIREBIDARI, TQ: RANEBENNUR, DIST: HAVERI – 581 115. 16. ANDANEPPA CHANNABASAPPA CHAKALABBI, AGE ABOUT 73 YEARS, OCC: ADVOCATE, R/O: SRI ANNADANESHWAR NILAYA, 2ND CROSS, SAPTAPUR, DHARWAD – 580 001. 17. VASANTH YALLAPPA SALAGATTI, AGE ABOUT 77 YEARS, OCC: RETIRED PROFESSOR, R/O: NEAR VRL OFFICE, 6TH CROSS, MARATHA COLONY, DHARWAD – 580 001. …RESPONDENTS (BY SRI. S.A.SONDUR, ADVOCATE FOR C/R9) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC, 1908 PRAYING TO ADMIT THE REVISION PETITION AND CALL FOR THE RECORDS OF THE COURTS BELOW AND ALLOW THE REVISION PETITION SETTING ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 08.07.2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI IN SC NO.3/2016, BY ACCEPTING THIS REVISION PETITION AND DECREEING THE SAME TO MEET THE ENDS OF JUSTICE. THIS CIVIL REVISION PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:9041 CRP No. 100061 of 2025

ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

On 15.07.2025 after arguing the matter for some time, learned counsel for the petitioners has sought for time. Accordingly, the matter was listed on 17.07.2025. On 17.07.2025, learned counsel for the petitioners has sought posting of the matter today on the premise of petitioners intending to withdraw the petition.

Today, none appears for the petitioners.

Learned counsel for respondents submits that the petitioners have already filed an application before the Trial Court on 05.07.2025 undertaking to handover the premises voluntarily within a period of one month from the said date. He also furnishes the order passed by the Executing Court granting time to the petitioners herein to vacate the premises within 20 days.

Under the circumstances, it appears that the petitioners are not interested in prosecuting the matter. HC-KAR NC: 2025:KHC-D:9041 CRP No. 100061 of 2025

No purpose will be served in keeping the matter pending. Accordingly, the petition is dismissed for non-prosecution.

Pending I.A’s do not survive for consideration. (M.G.S. KAMAL) JUDGE

SH/CT-ASC List No.: 1 Sl No.: 35

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.