- 1 - HC-KAR NC: 2025:KHC:22511 RP No. 290 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ REVIEW PETITION NO. 290 OF 2023 BETWEEN: SRI. M.CHANDRASHEKAR SON OF MALLESHAPPA, AGED ABOUT 73 YEARS, RESIDING AT RAMANAHALLI VILLAGE, HONNAVALLI TALUK, TIPTUR TALUK, TUMKURU DISTRICT-572217. …PETITIONER (BY SRI. SIDDAMALLAPPA P.M., ADVOCATE) AND: 1. SMT. MANGALAMMA WIFE OF LATE P.C.MALLESHAPPA, AGED ABOUT 70 YEARS RESIDING AT PATRAHALLY VILLAGE, HULLIHALLI POST, HONAVALLI HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT-572217. 2. SRI. NAGARAJA SON OF P.C.MALLESHAPPA, AGED ABOUT 53 YEARS, RESIDING AT PATRAHALLY VILLAGE HULLIHALLI POST, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572217. 3. SRI. JAGADEESH SON OF LATE P.C.MALLESHAPPA, AGED ABOUT 48 YEARS, RESIDING AT PATRAHALLY VILLAGE, HULLIHALLI POST, HONAVALLI HOBLI TIPTUR TALUK, TUMKURU DISTRICT-572217. 4. SRI. BASAVARAJA SON OF LATE P.C.MALLESHAPPA, AGED ABOUT 50 YEARS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2025.07.02 11:11:31 +0530 - 2 - HC-KAR NC: 2025:KHC:22511 RP No. 290 of 2023 RESIDING AT PATRAHALLY VILLAGE, HULLIHALLI POST, HONAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572217. 5. SMT. GANGAMMA WIFE OF LATE NANJUNDAIAH @ P.C.NANJAPPA, AGED ABOUT 71 YEARS, RESIDING AT PATRAHALLY VILLAGE, HULLIHALLI POST, HONAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572217. 6. SMT. AMBIKA DAUGHTER OF LATE NANJUNDAIAH @ P.C.NANJAPPA, AGED ABOUT 51 YEARS, RESIDING AT SASAVIDA VILLAGE, KANAKATTE HOBLI, ARSIKERE TALUK, HASSAN DISTRICT-573103. 7. SMT. BHAGYA DAUGHTER OF LATE NANJUNAIAH @ P.C.NAJANPPA, WIFE OF MURTHY, AGED ABOUT 46 YEARS, RESIDING AT MAGANAHALLI VILLAGE, HULUKERE POST, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572201. 8. SRI. SHANKARAPPA SON OF LATE NANJUNDAPPA @ P.C.NANJAPPA, AGED ABOUT 44 YEARS, RESIDING AT PATRAHALLY VILLAGE, HONAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572201. 9. SIDDAMMA (DECEASED) WIFE OF LATE MARULAPPA, SINCE DECEASED BY HER LR’s. ARE ALREADY ON RECORD (R10 TO R14). 10. SRI. MALLESHAPPA SON OF LATE MARULAPPA, AGED ABOUT 70 YEARS RESIDING AT RAMANAHALLI VILLAGE, HONNVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572201. - 3 - HC-KAR NC: 2025:KHC:22511 RP No. 290 of 2023 11. SIR. BASAVARAJA SON OF LATE MARULAPPA, AGED ABOUT 60 YEARS, RESIDING AT RAMANAHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK TUMKURU DISTRICT-572201. 12. SRI. CHANDRAIAH SON OF LATE MARULAPPA, AGED ABOUT 55 YEARS, RESIDING AT RAMANAHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572201. 13. SRI. GANGADHARA SON OF LATE MARULAPPA, AGED ABOUT 50 YEARS, RESIDING AT RAMANAHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572201. 14. SRI. SOMANNA SON OF LATE MARULAPPA, AGED ABOUT 45 YEARS, RESIDING AT RAMANAHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMKURU DISTRICT-572201. …RESPONDENTS (BY SMT. APARNA N., ADVOCATE FOR R1 TO R8; SRI. DINESH C.R., ADVOCATE FOR R10 TO R14; VIDE ORDER DATED 24.03.2025 R9 IS DECEASED, R10 TO R14 ARE LR’s OF DECEASED R9) THIS REVIEW PETITION IS FILED UNDER SECTION 114 OF THE CPC PRAYING TO SECURE RECORDS IN W.P.NO.22991/2010 ON THE FILE OF THIS HON’BLE COURT AND TO REVIEW THE ORDER DATED 02.08.2022 PASSED IN W.P.NO.22991/2010 BY ALLOWING THE ABOVE REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ - 4 - HC-KAR NC: 2025:KHC:22511 RP No. 290 of 2023 ORAL ORDER This petition is filed to review the order dated 02.08.2022 passed in W.P. No.22991/2010. 2. The prime contention of the learned counsel for the petitioner is that there is no bar in law for the petitioner to file an application for amendment of plaint to seek a relief of specific performance instead of recovery of money paid under the agreement of sale dated 28.04.1994. 3. He therefore contends that the order passed by this Court rejecting the writ petition filed challenging an order passed by the trial Court rejecting the applications filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 and under Order I Rule 10(2) of CPC deserves to be revisited and reviewed. 4. I have considered the submissions of the learned counsel for the petitioner and have also perused the order passed by this Court dated 02.08.2022. - 5 - HC-KAR NC: 2025:KHC:22511 RP No. 290 of 2023 5. I do not see any error apparent on the face of record warranting interference in this review petition. Accordingly, the review petition is dismissed. However, it is open for the petitioner to raise this ground in an appeal that may be filed against the judgment that may be passed by the trial Court. Sd/- (R. NATARAJ) JUDGE RH Ct:vh List No.: 19 Sl No.: 5