Karnataka High Court
CRP/846/2025 of SRI B R SHIVAMURTHY Vs UNION BANK OF INDIA on 19 September 2026
CNR: KAHC010736712025 NC: 2026:KHC:51412 CRP No.846 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL REVISION PETITION NO.846 OF 2025 (IO) BETWEEN: SRI. B.R. SHIVAMURTHY S/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL REVISION PETITION NO.846 OF 2025 (IO)
BETWEEN:
SRI. B.R. SHIVAMURTHY
S/O LATE RAMANJANEYA
AGED ABOUT 46 YEARS
RESIDING AT NO.09
BASAVANAHALLI VILLAGE
NELAMANGALA TALUK
BENGALURU-562 123.
…PETITIONER
(BY SRI. CHANDAN V.C. ADV.,)
AND:
1.
UNION BANK OF INDIA
REP. BY ITS MANAGER
HAVING OFFICE AT NO.2
ANJANA NAGAR, MAGADI MAIN ROAD
VISHWANEEDAM POST
BENGALURU 560 091.
2.
UNION BANK OF INDIA
ASSET RECOVERY BRANCH
REP. BY CHIEF MANAGER/AUTHORIZED OFFICER
HAVING OFFICE AT NO.2/3
RAJA BUILDING, N.R.ROAD
BENGALURU 560 002.
…RESPONDENTS
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
THIS CRP IS FILED UNDER SEC.115 OF CPC., PRAYING TO CALL FOR RECORDS. SET ASIDE THE
ORDERS AND DECREE PASSED BY THE SENIOR CIVIL
JUDGE AND JMFC AT NELMANGALA IN O.S.NO.831/2023, DATED 08.01.2025 & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
Aggrieved by the order dated 08.01.2025, passed on an application filed under Order VII Rule 11(a) and (d) of the CPC in O.S. No. 831/2023 by the Senior Civil Judge, Nelamangala, whereby the trial Court allowed the application and rejected the plaint, the petitioner/plaintiff is before this Court.
2. The Office has raised an objection regarding the maintainability of this Civil Revision Petition in view of Section 115 of the CPC on 09.12.2025, and the matter has come up before this Court in the month of September 2026.
3. Against an order of rejection of the plaint, the petitioner has to file an appeal, not a Civil Revision Petition. Hence, the office objection with regard to the maintainability is upheld.
HC-KAR
4. Accordingly, the Civil Revision Petition is disposed of giving liberty to the petitioner to avail appropriate remedy.
i. The issue of limitation is kept open.
ii. Registry is directed to return all the documents to the petitioner, retaining the office copy.
iii. All I.As. in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 1 Sl No.: 17