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CRP No. 484 of 2021

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 09^TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR. JUSTICE E.S. INDIRESH

CIVIL REVISION PETITION NO. 484 OF 2021 (IO)

BETWEEN:

P R SANNAPPA

S/O LATE P M RAJASHEKHARAIAH,

AGED ABOUT 73 YEARS

OCC. SECRETARY,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI VILLAGE

DEVARAMARIKUNTE POST,

CHALLAKERE TALUK - 577 522

CHITRADURGA DISTRICT.

…PETITIONER

(BY SRI. KANTHARAJAPPA M G., ADVOCATE)

AND:

1.

D H MAHADEVAPPA

S/O DODDA HANUMANTHAPPA,

AGED ABOUT 53 YEARS

OCC DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI VILLAGE,

DEVARAMARIKUNTE POST

CHALLAKERE TALUK - 577 522

CHITRADURGA DISTRICT

2.

D H THIPPESWAMY

S/O DODDA HANUMANTHAPPA,

AGED ABOUT 46 YEARS

Digitally signed by

LAKSHMINARAYAN N

Location: High Court of

Karnataka

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CRP No. 484 of 2021

OCC. DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI VILLAGE,

DEVARAMARIKUNTE POST

CHALLAKERE TALUK - 577 522

CHITRADURGA DISTRICT

3.

ESHWARAPPA

S/O DURGAPPA,

AGED ABOUT 58 YEARS

OCC DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI VILLAGE,

DEVARAMARIKUNTE

GONURU,

CHITRADURGA TALUK AND DISTRICT - 577 501

4.

KRISHNAPPA

S/O JOGAPPA

AGED ABOUT 58 YEARS

OCC. DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI VILLAGE, DEVARAMARIKUNTE

POST CHALLAKERE TALUK - 577 522

CHITRADURGA DISTRICT

5.

SMT. D RATHNAMMA

W/O R UMESH,

AGED ABOUT 53 YEARS

OCC. DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI

KELAKOTTE,

CHITRADURGA DISTRICT - 577 501

6.

D SHIVAMURTHI

S/O BYLAPPA

AGED ABOUT 50 YEARS

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CRP No. 484 of 2021

OCC. PRESIDENT,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI VILLAGE,

GANNAYAKANAHALLI POST

HIRIYURU TALUK - 572143

CHITRADURGA DISTRICT

7.

R DURGESH

S/O RUDRUMUNI,

AGED ABOUT 46 YEARS

OCC. DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI VILLAGE,

REDIHALLI POST

CHALLAKERE TALUK - 577 522

CHITRADURGA DISTRICT

8.

R JAGADEESH

S/O RAMADAS,

AGED ABOUT 48 YEARS

OCC. DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI HOSING BOARD COLONY,

CHITRADURGA DISTRICT - 577 501

9.

T ASHARANI

W/O HARALAIAH,

AGED ABOUT 38 YEARS

OCC. DIRECTOR,

SHREE LAKSHMI EDUCATION INSTITUTION (R)

R/O DYAVARANAHALLI

NEHARU NAGARA

CHITRADURGA DISTRICT - 577 501

10. S RAMAPPA

S/O SANNA HANUMANTHAPPA

AGED ABOUT 63 YEARS

OCC. DIRECTOR

SHREE LAKSHMI EDUCATION INSTITUTION (R)

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CRP No. 484 of 2021

R/O DYAVARANAHALLI

RAJENDRA NAGARA,

CHITRADURGA TOWN - 577 501

11. THE DISTRICT REGISTRAR

OF CO-OPERATIVE SOCIETY

TURUVANURU ROAD,

CHITRADURGA - 577 501

…RESPONDENTS

THIS CRP IS FILED UNDER SEC.115 OF CPC., 1908

AGAINST THE ORDER DATED 25.11.2020 PASSED ON IA.NO.9

IN OS.NO.42/2013 ON THE FILE OF THE PRINCIPAL CIVIL

JUDGE AND JMFC AT CHALLAKERE, REJECTING THE I.A.NO.9

FILED UNDER ORDER 7 RULE 11(d) FILED UNDER SEC.80 (1)

OF CPC. FOR REJECTION OF PLAINT.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

This Revision Petition is filed by the defendant No.1

challenging the order dated 25^th November, 2020 passed in

Original Suit No.42 of 2013 passed by the Principal Civil Judge

and JMFC at Challakere on IA.9 filed under Order VII Rule 11(d)

and under Section 80(1) of the Code of Civil Procedure,

dismissing the application.

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CRP No. 484 of 2021

2. For the sake of convenience, the parties in this

petition are referred to with their status and rank before the

trial Court.

3. The relevant facts for adjudication of this petition are

that the plaintiff has filed Original Suit No.42 of 2013 against

the defendant seeking declaratory relief and the suit has been

contested by the def