- 1 - NC: 2025:KHC:17790 CRP No. 302 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CIVIL REVISION PETITION NO.302 OF 2024 (IO) BETWEEN: 1. DR. H.M. VIJAY KUMAR S/O LATE SRI. H.M. THIPPESWAMY AGED ABOUT 60 YEARS NO.28, SNEHA ARCADE, 1ST MAIN MLA LAYOUT, RMV STAGE II BENGALURU-560094. 2. DR. M. VANI W/O DR. H.M. VIJAY KUMAR AGED ABOUT 50 YEARS. 3. MR. SIDDHARTH HOSAMATH S/O DR. H.M. VIJAY KUMAR AGED ABOUT 25 YEARS PRESENTLY AT LOS ANGELS REPRESENTED BY HIS GPA HOLDER DR. H.M. VIJAY KUMAR. 4. MR. SHARAN HOSAMATH S/O DR. H.M. VIJAY KUMAR AGED ABOUT 25 YEARS. PETITIONER NOS.2 TO 4 ARE RESIDENTS OF NO.28 SNEHA ARCADE, 1ST MAIN MLA LAYOUT, RMV STAGE II BENGALURU-560094. …PETITIONERS (BY SRI. PRABHULING K. NAVADGI, SR. ADV., FOR SRI. SHIVA KUMAR K.B. ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:17790 CRP No. 302 of 2024 AND: 1. SMT. B.M. MANJULA W/O SRI. B.M. BASAVARAJAIAH D/O LATE SRI. H.M. THIPPESWAMY AGED ABOUT 59 YEARS RESIDING AT FLAT NO.204 G.J NEST-8, 4TH CROSS MLA LAYOUT, LOTTEGOLLHALLI BENGALURU-560094. 2. DR. H.M. KAVYASHREE D/O LATE SRI. H.M. RAVISHANKAR AGED ABOUT 37 YEARS RESIDING AT NO.528/1, 3RD BLOCK NEAR RMV CLUB, RMV II STAGE BENGALURU-560094. 3. SRI. H.M. RISHIKESH S/O LATE SRI. H.M. RAVISHANKAR AGED ABOUT 29 YEARS RESIDING AT FLAT NO.B312, B BLOCK 3RD FLOOR, DHANUSH ENCLAVE RAMAIAH LAYOUT MAIN ROAD BENGALURU-560097. 4. SRI. H.M. SHIVAPRAKASH S/O LATE SRI. H.M. THIPPESWAMY AGED ABOUT 64 YEARS. 5. SRI. ABHISHEK HOSMATH S/O SRI. H.M. SHIVAPRAKASH AGED ABOUT 33 YEARS. 6. SRI. ROHAN HOSMATH S/O SRI. H.M. SHIVAPRAKASH AGED ABOUT 29 YEARS RESPONDENT NO.4 TO 6 ARE RESIDENTS OF NO.23 SRI SHANKARA MANSION LOTTEGOLLAHALLI, RMV STAGE II - 3 - NC: 2025:KHC:17790 CRP No. 302 of 2024 DOLLAR COLONY BENGALURU-560094. 7. SRI. H.M. VEERENDRA KUMAR S/O LATE SRI. H.M. THIPPESWAMY AGED ABOUT 62 YEARS PRESENTLY RESIDING AT NO. 17 EAGLESFIELD GATE, BRAMPTON ONTARIO, CANADA EMAIL ID. VHOSMATH@ROGERS.COM ALTERNATIVELY RESIDING AT NO. 23 SRI SHANKARA MANSION LOTTEGOLLAHALLI, RMV STAGE II DOLLARS COLONY, BENGALURU-560094. 8. M/S. KANAKAGIRI MALLIKARJUNA STEELS AND STONES PVT. LTD(REGD) REPRESENTED BY ITS DIRECTOR MR. M.V. PRAVEEN KUMAR HAVING ITS OFFICE AT NO. 4131 1ST FLOOR, CRESCENT ROAD HIGH GROUNDS BENGALURU-560001. 9. THE COMMISSIONER CITY MUNICIPALITY CHITRADURGA. …RESPONDENTS (BY SRI. SHRAVAN MADHAV K.P. ADV., FOR C/R1 SRI. VIRUPAKSHAIAH ASST., ADVS., FOR R2 & R3 NOTICE NOT ORDERED IN R/O R4 TO R9) THIS CRP IS FILED UNDER SECTION 115 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.01.2024 PRODUCED AT ANNEXURE-A, PASSED BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA, IN O.S. NO.45/2023, UPON THE I.A. NO.IV FILED UNDER ORDER VII RULE 11(A) AND (D) OF CPC BY THE PETITIONER, AND CONSEQUENTLY ALLOW IA NO.IV AND DISMISS THE SAID SUIT AS PRAYED FOR BY THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC:17790 CRP No. 302 of 2024 THIS CRP, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Sri.Prabhuling K.Navadgi, learned Senior counsel representing the petitioners' counsel submitted that a memo is filed stating that defendants have relinquished the share in the suit schedule 'C' property in favour of the plaintiff and defendant Nos.3 to 6. Similar memo is also filed by respondent Nos.2 & 3 herein. In view of the subsequent events, the petitioners may be permitted to file an application under Order VII Rule 11 of CPC afresh. 2. The petitioners are permitted to file an application under Order VII Rule 11 of CPC afresh. In the event such an application is filed, the trial Court to consider the same in accordance with law. 3. With the above observation, petition stands disposed of. 4. All the contentions of the parties are kept open. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BSR/List No.: 1 Sl No.: 169