- 1 - HC-KAR NC: 2025:KHC:22554 RP No. 386 of 2022 C/W RP No. 388 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REVIEW PETITION NO. 386 OF 2022 C/W REVIEW PETITION NO. 388 OF 2022 IN RP No. 386/2022: BETWEEN: B O THIMMESH, S/O ONKARAPPA,AGED ABOUT 51 YEARS, AGRICULTURIST,RESIDENT OF MAVINAKATTE VILLAGE,KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577527. …PETITIONER (BY SRI GANGADHARAPPA A V, ADVOCATE) AND: 1. SMT SHAKUNTHALAMMA, W/O RUDRASWAMY,AGED ABOUT 54 YEARS, RESIDENT OF MAVINAKATTE VILLAGE, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577527. 2. SOMASHEKHARAPPA, S/O UJJINAPPA,AGED ABOUT 58 YEARS, RESIDENT OF BEESANAHALLI,KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577527. …RESPONDENTS (BY SRI THYAGARAJA S, ADVOCATE FOR R1, V/O/DT: 21.10.2022, SERVICE OF MEMO TO R2 IS D/W) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO ALLOW THE REVIEW PETITION, REVIEW THE JUDGMENT AND DECREE Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22554 RP No. 386 of 2022 C/W RP No. 388 of 2022 DATED 12.07.2021 PASSED IN R.S.A NO.1293/2009 AND BE PLEASED TO ALLOW THE APPEAL AS PRAYED FOR, WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE. IN RP NO. 388/2022: BETWEEN: B O THIMMESH, S/O ONKARAPPA,AGED ABOUT 51 YEARS, AGRICULTURIST,RESIDENT OF MAVINAKATTE VILLAGE, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577527. ...PETITIONER (BY SRI GANGADHARAPPA A V.,ADVOCATE) AND: 1. SMT SHAKUNTHALAMMA, W/O RUDRASWAMY,AGED ABOUT 54 YEARS, RESIDENT OF MAVINAKATTE VILLAGE, KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577527. 2. SOMASHEKHARAPPA, S/O UJJINAPPA,AGED ABOUT 58 YEARS, RESIDENT OF BEESANHALLI KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT - 577527. ...RESPONDENTS (BY SRI THYAGARAJA S, ADVOCATE FOR R1,V/O/DT 21.10.2022, SERVICE OF MEMO TO R2 IS D/W) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC, PRAYING TO ALLOW THE REVIEW PETITION, REVIEW THE JUDGMENT AND DECREE DATED 12.07.2021 PASSED IN R.S.A NO.1292/2009 AND BE PLEASED TO ALLOW THE APPEAL AS PRAYED FOR, WITH COSTS THROUGHOUT, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC:22554 RP No. 386 of 2022 C/W RP No. 388 of 2022 THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER These review petitions are filed challenging the judgment and decree dated 12.07.2021 in Regular Second Appeal Nos.1292/2009 and 1293/2009. Since the learned Judge who has passed the judgment and decree has attained superannuation, the matter is before this bench. 2. Learned counsel for the petitioner would submit that this Court has disposed of the Regular Second Appeals after framing two substantial questions of law and both the questions of law have not been answered by the Court while dismissing the appeals. 3. Learned counsel for the respondents on the other hand would oppose the review petitions on the premise that both the substantial questions of law have been answered by this Court. 4. This Court has perused the judgment under review. - 4 - HC-KAR NC: 2025:KHC:22554 RP No. 386 of 2022 C/W RP No. 388 of 2022 5. This Court after going through the impugned judgment is of the view that the substantial questions of law are not answered. Under these circumstances, the error is apparent in the light of the mandate of Section 100 of the Code of Civil Procedure. 6. Hence, the impugned judgment and decree under review are recalled. Appeals are restored to file. 7. List the appeals for final hearing on 17.07.2025. 8. Interim order granted earlier if any, in the Regular Second appeals will continue. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 41