Islavath Mangamma v. Nenavath Chandru

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.2 8 6 7 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the petitioners/ plaintiffs, aggrieved by the docket order, dated 04.09.2019, passed in C.F.R.No.792 of 2019 in C.F.R.No.336 of 2019 in O.S.No.278 of 2002, by the Junior Civil Judge, Kollapur, whereby, the petition filed by the petitioners/ plaintiffs to review the docket order, dated 15.06.2019, was dismissed.

2 .

Heard the learned counsel for the petitioners/ plaintiffs and perused the record.

3 .

It is relevant to state that as on the date of the passing of the preliminary decree, i.e., 14.06.2007, the respondent No.1/ defendant No.1 was alive. There is no patent illegality in the impugned order or any other reason to allow this Civil Revision Petition as prayed for. The Court below is justified in passing the impugned docket order, dated 04.09.2019, and there is nothing to interfere with the same. The Civil Revision Petition is devoid of merit and is liable to be dismissed.

4 .

Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 04th December, 2019 Bvv