- 1 - NC: 2025:KHC:14975 RP No. 95 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA REVIEW PETITION NO. 95 OF 2025 BETWEEN: 1. SRI RAMAKRISHNA N N S/O V NARAYANAPPA SINCE DECEASED BY HIS LRS SRI N R VIRUPAKSHA S.O LATE SRI RAMAKRISHNA N N AGED ABOUT 48 YEARS, 2. SRI N R AMARANATHA S.O LATE SRI RAMAKRISHNA N N AGED ABOUT 47 YEARS, 3. SRI N R VINOD S.O LATE SRI RAMAKRISHNA N N AGED ABOUT 40 YEARS, 4. SMT PRAMEELA W/O LATE SRI RAMAKRISHNA N N AGED ABOUT 70 YEARS, ALL ARE R/AT NO.59, 1ST MAIN 7TH BLOCK KORAMANAGALA BENGALURU -560095 …PETITIONERS (BY SRI. V.R.DATAR., FOR SRI. CHANDRASHEKAR.P.PATIL., ADVOCATE) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION OFFICE MAHANAGARA PALIKE J C ROAD BANGALORE- 56002 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14975 RP No. 95 of 2025 BY ITS COMMISSIONER 2. THE EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGAR PALIKE CORPORATION OFFICE MAHANAGARA PALIKE J C ROAD BANGALORE- 56002 BY ITS COMMISSIONER 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGAR PALIKE CORPORATION OFFICE MAHANAGARA PALIKE J C ROAD BANGALORE- 56002 4. RUPESH M H S/O HANUMATHEGOWDA AGED ABOUT 35 YEARS, R/AT 682 8TH B-MAIN ROAD, 3RD BLOCK 3RD STAGE BASAVESHWARANAGAR BANGALORE- 560079 …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC READ WITH ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO REVIEW THE ORDER AND RECTIFY THE ERROR OF LAW AND FACTS IN PASSING THE ORDER DATED 22.01.2025 AS THERE IS APPARENTLY A LEGAL AND FACTUAL ERROR ON THE FACE OF THE RECORD RESULTING IN GRAVE MISCARRIAGE OF JUSTICE FOR THE PETITIONER AND THE SAME IS REQUIRED TO BE RECALLED THE ORDER DATED 22.01.2025 AND RESTORE W.P. NO. 36808/2015 TO THE FILE, BY TAKING CONGIZANCE OF THIS PETITION AND TO MEET THE ENDS OF JUSTICE IN FURTHERANCE OF DOING COMPLETE JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:14975 RP No. 95 of 2025 ORAL ORDER 1. The Review Petition has been filed seeking to recall the order dated 22.01.2025, by which the petitioner therein after arguing the matter some time sought permission to withdraw the Writ Petition reserving liberty to him to initiate proceedings before the appropriate Forum in respect of his entitlement over the property in question. 2. It is clear from the order that the petition that had been filed was basically withdrawn with liberty sought to approach the appropriate Forum. Obviously there is no error passed in this order and this order is passed merely at the request of the petitioner. 3. An argument is, however, sought to be advanced that even in the Review Petition the petitioner can seek for recall of an order that is passed at the instance of the petitioner. - 4 - NC: 2025:KHC:14975 RP No. 95 of 2025 4. In my view, if the petitioner had made a submission that he intend to withdraw this Writ Petition, obviously there was no mistake in the said submission, since the petitioner was clearly intending to approach another Forum to agitate his rights and his entitlement over the said property. I am, therefore, of the view that there is neither an error in the order of the Court nor is there any mistake on the part of the counsel seeking for recall of the said order. The Review Petition is dismissed. 5. The decisions relied upon by the learned counsel for the petitioner and the inherent power available for the Court would be of no consequence in this Review Petition, in the light of the fact that there is no order that has been passed in which any finding is recorded which is struck by any error nor is there any mistake in the request of the petitioner. Review Petition is dismissed as not maintainable. - 5 - NC: 2025:KHC:14975 RP No. 95 of 2025 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 38