- 1 - NC: 2025:KHC:15174 MFA No. 2496 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2496 OF 2025 (ISA) BETWEEN: SRI. RAVIKUMAR S S/O LATE SWAMYDAS AGED ABOUT 52 YEARS, R/AT NO.100/28, 5TH CROSS, SHAKTHI GANAPATHINAGAR, BASAVESHWARANGAR, BANGALORE - 560 079. …APPELLANT (BY SRI. RAGHAVENDRA K.N., ADVOCATE) AND: NIL …RESPONDENT THIS MFA IS FILED U/S.384 OF INDIAN SUCCESSION ACT, AGAINST THE ORDER DATED:01.10.2022 PASSED IN P AND SC NO.318/2022 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH NO.19), BENGALURU, DISMISSING THE PETITION FILED U/S.372 OF INDIAN SUCCESSION ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15174 MFA No. 2496 of 2025 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed against the order passed on I.A.No.1 filed under Order 47 Rule 1 read with section 114 of CPC seeking to consider the additional evidence, the ration card issued by the Food and Civil Supplies, Government of India in RP No.1/2023 on the file of the court VII Addl. City Civil and Sessions Judge, Bengaluru. 2. Learned counsel for appellant herein has filed the petition in P and SC No.318/2022 on the file of the VII Additional City Civil and Sessions Judge, Bengaluru, by invoking the provisions under Section 372 of Indian Succession Act to grant Succession Certificate in respect of schedule property as mentioned in the said petition. 3. The said petition in P and SC No.318/2022 was dismissed on 01.10.2022. - 3 - NC: 2025:KHC:15174 MFA No. 2496 of 2025 4. But the appellant who is the petitioner in P and SC No.318/2022 instead of filing the appeal as per law, has filed review petition under Order 47 Rule 1 read with section 114 of CPC, which is numbered as R.P.No.1/2023. The ground urged in RP No.1/2023 is that after the dismissal of the P and SC No.318/2022, the appellant has found documentary evidence of the ration card issued by Food and Civil Supplies, Government of India, but the said I.A.No.1 filed as stated above, is dismissed by the district court. 5. The appellant ought to have taken recourse to challenge the order of dismissal in P and SC No.318/2022 as per law before the Competent Court, but without doing so, filed additional evidence of ration card subsequent to dismissal of the P and SC No.318/2022 petition as per the provision under Order 47 Rule 1 read with section 114 of CPC for review of the order. This recourse taken by the appellant is not correct. Therefore, the district court is correct in dismissing the IA.No.1 filed for review of the order passed in P and SC No.318/2022. However, liberty is reserved to the appellant to challenge the order passed in P and SC No.318/2022 in the appeal as per - 4 - NC: 2025:KHC:15174 MFA No. 2496 of 2025 law before the Competent Court of law. Also liberty is reserved to file an application for additional evidence under Order 41 Rule 27 of CPC in the appeal to be preferred. The appellant is given benefit of Section 14 of the Limitation Act while preferring the appeal challenging the order passed in P and SC No.318/2022. Therefore, the appeal is hereby disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE AKV List No.: 2 Sl No.: 1 CT:SK