S JAYAMMA Vs. R MUNIRATHNAMMA

JUDGEMENT

(1.) THIS civil revision petition against the judgment and decree dated 27.7.2007 in R.A.No.4/2000 on the file of the Sessions Judge, Fast Track Court-IV, Bangalore Rural District, affirming the exparte judgment and decree dated 15.2.1999 in O.S.No.839/1997 on the file of the Principal Civil Judge (Sr.Dn.), Bangalore is clearly not tenable in terms of Section 115 of CPC as the impugned judgment is an appealable one under Section 100 of CPC.

(2.) ACCORDINGLY, civil revision petition is dismissed. (D.V. Shylendra Kumar) Judge DVSKJ: 6.11.2007 ORDERS ON BEING SPOKEN TO This revision petition which had been dismissed in terms of the order dated 29.10.2007 was directed to be listed for being spoken to, to hear further the learned counsel for the petitioner on the effect of the judgment of the Supreme Court reported in the case of Shyamsundersarma vs. Pannalal Jaiswal (AIR 2005 SC 226) on the full Bench decision of this Court reported in the case of The Commissioner, Dharwad vs. Shrishail & Others (ILR 2003 KAR 3329). 2. Sri Vijaykumar, learned counsel for the petitioner, on a perusal of the two decisions, submits that in view of the subsequent decision of the Supreme Court reported in AIR 2005 SC 226, the view taken by the Full Bench of this Court cannot hold the field any more.

(3.) CERTIFIED copy of the judgment and decree of the Court below filed along with the revision petition to be returned to the petitioner and the second appeal to be presented within a week from the date of return of the certified copy. Civil revision petition is disposed of.