- 1 - HC-KAR NC: 2025:KHC-K:3586 RP No. 200034 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REVIEW PETITION NO.200034 OF 2024 IN W.P. NO.208040/2017 BETWEEN: RAJALABANDI VENKATA KRISHNA S/O R. YENKANNA SHETTY, AGED ABOUT 42 YEARS, OCC: BUSINESS AND AGRICULTURE, AND NOW WORKING AT M/S. THOMSON REUTERS AS EQUITY ANALYSIS, OLD AIRPORT ROAD, KODIHALLI, BANGALORE, R/O H.NO.29, GROUND FLOOR, BRINDAVANA EXTN, ARKERE MICO LAYOUT, BANGALORE-500076. …PETITIONER (BY SRI RAJESH MAHALE, SENIOR COUNSEL FOR SMT. SHAILAJA C.D., ADVOCATE) AND: 1. DR. R. HEMA D/O R. YENKANNA SETTY AND W/O AJAY SHANKAR, AGED ABOUT 37 YEARS, OCC: DOCTOR, R/O M/S KRISHNA INDUSTRIES, RAICHUR ROAD, MANVI, TQ. MANVI, DIST. RAICHUR-584123. 2. RAJALBANDI YENKANNA SHETTY Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3586 RP No. 200034 of 2024 S/O LATE HANUMANTHAYYA SHETTY, AGED ABOUT 63 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O KRISHNA INDUSTRIES, RAICHUR ROAD, MANVI, TQ. MANVI, DIST. RAICHUR-584123. 3. SMT. SHANKUNTALA W/O RAJALBANDI YENKANNA SHETTY, AGED ABOUT 59 YEARS, OCC: HOUSEHOLD, R/O KRISHNA INDUSTRIES, RAICHUR ROAD, MANVI, TQ. MANVI, DIST. RAICHUR-584123. 4. RAJALABANDI VIJAYENDRA S/O SRI R. RANKANNA SHETTY, AGED ABOUT 39 YEARS, OCC: WORKING AS ASST. CONSULTANT, MA-FOI RANDSTAD, NO.147, IIND FLOOR, ANJINAYYA TECH PARK, AIRPORT ROAD, KODIHALLI, BANGALORE-562119. …RESPONDENTS (BY SRI R.S. SIDHAPURKAR, ADVOCATE FOR R1; SRI ANANDKUMAR, ADVOCATE FOR SRI P.S. MALIPATIL, ADVOCATE FOR R2, R3 AND R4) THIS RP IS FILED U/S. 47 RULE 1 OF THE CPC, PRAYING TO REVIEW THE JUDGMENT DATED 13.03.2024 IN WP NO. 208040/2017 AND DISMISS THE WP NO.208040/2017. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3586 RP No. 200034 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Smt. Shailaja C.D., learned counsel representing the petitioner herein (respondent No.4 in the writ petition) files an affidavit. Affidavit reads as under: “I, Smt.Shailaja, Advocate, aged about 46 years, practicing chamber at Shailaja Law Associates, BG Road, Arekere Mico Layout, Bangalore -560076, KAR/1323/2016, do hereby solemnly affirm and state on oath as follows: 1. I state that I am the counsel appearing for the Review Petitioner in the above matter. I am fully acquainted with the facts of the case and hence competent to swear to this affidavit. 2. I respectfully submit that at the time of hearing of W.P. No. 208040/2017 before this Hon'ble Court on 13/03/2024, I could not remain present due to unavoidable health issues. On account of my ill health, I was advised complete rest by my doctor and was unable to inform the Hon'ble Court in time or make alternative arrangements for representation on that day. - 4 - HC-KAR NC: 2025:KHC-K:3586 RP No. 200034 of 2024 3. I sincerely regret and express my deepest apologies to this Hon'ble Court for my non- appearance, which was purely inadvertent and unintentional. There was no deliberate intention to cause inconvenience to the Hon'ble Court or to delay the proceedings in any manner. 4. I further submit that I hold this Hon'ble Court in the highest respect and deeply regret the inconvenience caused to the Hon'ble Judges, the Registry, and all concerned. 5. I undertake to be more careful and vigilant in future and to ensure that such an unfortunate situation does not recur. 6. I respectfully pray that this Hon'ble Court may be pleased to accept this affidavit and be graciously pleased to condone my absence on the said date.” 2. This Court while disposing of the writ petition on 13.03.2024 noted that on behalf of respondent No.4 Smt. Shailaja C.D. was present and she was heard. Pertinently, it is the contesting respondents, who are respondent Nos.1 to 3, who gave consent for allowing the - 5 - HC-KAR NC: 2025:KHC-K:3586 RP No. 200034 of 2024 writ petition and therefore this Court allowed the writ petition based on the consent and not on the merits. 3. In view of the affidavit filed referred to supra, it is just and necessary to recall the order passed by this Court on 13.03.2024 and place the matter before the roster Bench for fresh disposal in accordance with law. 4. Sri Anand Kumar learned counsel representing Sri P.S. Malipatil, learned counsel for respondent Nos.2 to 4 through video conference fairly submits that instead of ordering for an enquiry as to what transpired on 13.03.2024 and who represented the respondent No.4 as Smt. Sailaja C.D., suitable orders be passed. 5. Taking note of these sequence of events, instead of ordering an enquiry as to who represented Smt. Shailaja C.D., as respondent No.4 on 13.03.2024, if the order dated 13.03.2024 is recalled and the matter is ordered to be heard afresh by the roster Bench, ends of justice would be met. - 6 - HC-KAR NC: 2025:KHC-K:3586 RP No. 200034 of 2024 6. Accordingly, the following: ORDER (a) The Review Petition is allowed. (b) The order dated 13.03.2024 is hereby recalled. (c) Writ Petition No.208040/2017 stands restored to the file. (d) Office is directed to list the Writ Petition No.208040/2017 before the roster Bench after obtaining necessary orders from Honorable the Chief Justice. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 1 CT:PK