Case Note & Summary
The case involves a civil revision petition filed by Muneer Pasha under Section 18 of the Small Causes Courts Act against a judgment and decree dated 18.12.2019 passed in SC No.1246/2018 by the VII Additional Judge and ACMM, Court of Small Causes, Bengaluru, which partly decreed the suit for vacant possession and mesne profits. The petitioner was the defendant in the original suit. However, when the revision petition came up for admission, the counsel for the petitioner submitted that the petition had been rendered infructuous. The court accepted this submission, placed it on record, and disposed of the petition as infructuous. No legal issues were argued or decided, and the court did not examine the merits of the case. The order was passed by a single judge bench of Justice G. Narendar on 2nd July 2020.
Headnote
A) Civil Procedure - Revision Petition - Infructuous - Section 18 of the Small Causes Courts Act, 1887 - The petitioner's counsel submitted that the civil revision petition had become infructuous. The court placed the submission on record and disposed of the petition as infructuous without any adjudication on merits. (Para 1)
Issue of Consideration
Final Decision
The petition is disposed of as having been rendered infructuous.
Law Points
- Petition rendered infructuous
- disposal without merits
- no adjudication on legal issues
Case Details
2020 LawText (KAR) (07) 50
Civil Revision Petition No.120/2020
Shri. T. Prakash (for petitioner), Shri. G. Balakrishna Shastry (for respondent)
A. Munikrishna @ Krishnappa
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Nature of Litigation
Civil revision petition against a decree for vacant possession and mesne profits passed by the Small Causes Court
Remedy Sought
Petitioner sought revision of the judgment and decree dated 18.12.2019 in SC No.1246/2018
Filing Reason
Petitioner challenged the decree for vacant possession and mesne profits
Previous Decisions
The VII Additional Judge and ACMM, Court of Small Causes, Bengaluru partly decreed the suit for vacant possession and mesne profits on 18.12.2019
Submissions/Arguments
Petitioner's counsel submitted that the petition has been rendered infructuous
Judgment Excerpts
Learned counsel for the petitioner submits that petition has been rendered infructuous.
The petition is disposed of as having been rendered infructuous.
Procedural History
The suit was filed in SC No.1246/2018 before the VII Additional Judge and ACMM, Court of Small Causes, Bengaluru, which partly decreed the suit for vacant possession and mesne profits on 18.12.2019. The petitioner filed Civil Revision Petition No.120/2020 under Section 18 of the Small Causes Courts Act. On 02.07.2020, the High Court disposed of the petition as infructuous upon the petitioner's counsel's submission.
Acts & Sections
- Small Causes Courts Act, 1887: 18
