High CourtsSingle Bench(2021) 07 KAR CK 0016

M.G. Ravishankar vs M.G. Jairam

Karnataka High Court · Decided on 9 July 2021

HON’BLE JUDGES
Alok Aradhe, J
RESULT
Dismissed
CASE NUMBER
Review Petition No. 77 Of 2021 In Writ Petition No. 52865 Of 2015 (GM-CPC)

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Judgment

16 paragraphs · 245 words

Alok Aradhe, J

1.

This review petition is filed seeking review of the order dated 11.12.2020 passed by this court in W.P.No.52865/2015, by which this court had

allowed the petition on the following grounds:

I have considered the submissions made on both sides and have perused the record. From perusal of the record, it is evident that admittedly the Trial

Court by an order dated 30.09.2015 had dismissed the application under Section 151, application under Order XVIII Rule 17 as well application under

Order VII Rule 14 of the CPC on the ground that the documents were not produced with the aforesaid applications. Therefore, subsequently, the Trial

Court could not have allowed the applications by an order dated 11.11.2015 as the earlier order dated 30.09.2015 was not only binding on the Trial

Court but as well as on the parties.

5.

For the aforementioned reasons, the impugned order dated 11.11.2015 passed by the Trial Court suffers from the error apparent on the face of the

record.

The impugned order is therefore quashed.

In the result, the writ petition is allowed.

2.

After hearing learned counsel for the parties, I find that the order dated 11.12.2015 passed in W.P No.52865/2015 does not suffer from any error

apparent on the face of the record warranting interference of this court.

In the result, the petition is dismissed. In view of disposal of the review petition, all pending applications do not survive for consideration, the same

stand disposed of.