- 1 - NC: 2025:KHC:17105 RP No. 31 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO.31 OF 2025 BETWEEN: 1. SHRI. SHIVAIAH S/O. LATE. MADEGOWDA AGED ABOUT 74 YEARS R/AT YALACHAWADI VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANGARA DISTRICT - 562 117. 2. SHRI. BASAVARAJU S/O. LATE. MADEGOWDA AGED ABOUT 72 YEARS R/AT YALACHAWADI VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANGARA DISTRICT - 562 117. 3. SHRI. SHIVAMALLAIAH S/O. LATE. MADEGOWDA AGED ABOUT 67 YEARS R/AT YALACHAWADI VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANGARA DISTRICT - 562 117. …PETITIONERS (BY SMT. LAKSHMY IYANGAR, SR. ADVOCATE FOR SRI. VIJAYAKUMAR. K.O, ADVOCATE) AND: SMT. SHIVAMMA @ CHIKKATHAYAMMA W/O. LATE KEMPEGOWDA SINCE DECEASED BY HER LRS. Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17105 RP No. 31 of 2025 1. SMT. SAROJAMMA W/O. SHIVANNA D/O. LATE. SHIVAMMA @ CHIKKATHAYAMMA AGED ABOUT 59 YEARS R/AT LINGANAPURA VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 117. 2. SMT. SHASHIKALA W/O. MAHADEVA D/O. LATE. SHIVANAMMA @ CHIKKATHAYAMMA AGED ABOUT 46 YEARS R/AT YALACHAVADI VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 117. 3. CHIKKAVEERABHADRAIAH S/O. LATE. SHIVANAMMA @ CHIKKATHAYAMMA AGED ABOUT 61 YEARS R/AT YALACHAVADI VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 117. 4. MAHADEVA S/O. LATE. SHIVANAMMA @ CHIKKATHAYAMMA AGED ABOUT 56 YEARS R/AT YALACHAVADI VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 117. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC 1908, PRAYING TO ALLOW THIS REVIEW PETITION BY REVIEWING THE ORDER DATED 15.11.2024 PASSED BY - 3 - NC: 2025:KHC:17105 RP No. 31 of 2025 THIS HONBLE COURT IN MSA NO.10/2021, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER The appellants in the Miscellaneous Second Appeal have preferred this Review Petition praying for review of the order dated 15.11.2024 passed in MSA No.10/2021. This Court dismissed the said appeal by holding that the remand made by the First Appellate Court in R.A.No.5127/2019 was correct and thereby, the suit be tried before the Trial Court as per law. 2. The plaintiffs have filed the suit for declaration and consequential relief of permanent injunction seeking a declaration that they are joint owners of the suit property having purchased it through sale deed dated 02.02.1989 and are in possession. Summons issued to the defendants were served and the defendants engaged their Advocate. However, the Advocate for the defendants has not filed - 4 - NC: 2025:KHC:17105 RP No. 31 of 2025 written statement and has not lead evidence. Therefore, the Trial Court accepted the case of the plaintiffs and decreed the suit. 3. Later on, the defendants have challenged the judgment and decree passed by the Trial Court in the suit in R.A.No.5127/2019. The First Appellate Court has set aside the judgment and decree passed by the Trial Court and remanded the case to the Trial Court for fresh disposal in accordance with law by giving reasons. This order was challenged in Miscellaneous Second Appeal. 4. This Court has dismissed the said Miscellaneous Second Appeal by holding that the order passed by the First Appellate Court in R.A.No.5127/2019 is correct. Against this, Review Petition is filed. Though, there are no grounds to review the order, it is necessary to pass an order directing the Trial Court to expedite the Trial and dispose of the suit within a period of 9 months from the date of receipt of copy of this order. Both the plaintiffs and defendants may lead evidence either oral or - 5 - NC: 2025:KHC:17105 RP No. 31 of 2025 documentary or both, as advised by their respective counsels. 5. All the contentions are left open. Also, liberty is reserved to the plaintiffs to make the vendor as party in the suit. 6. Accordingly, the review petition is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 13