- 1 - NC: 2025:KHC:654 CRP No. 860 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 860 OF 2024 (IO) BETWEEN: 1. SRI. MAHESH K, S/O SRI. KRISHNAPPA, AGED ABOUT 38 YEARS, 2. SMT. DIMPLE R, D/O SRI. RAJANNA N, W/O SRI. MAHESH K, AGED ABOUT 34 YEARS, SL. NO. 1 AND 2 ADDRESS ASIAN PUBLIC SCHOOL, NO.602/2, GUBBALALA, RAGHUVANAHALLI, KANAKAPUR ROAD, BENGALURU - 560 061. …PETITIONERS (BY SRI. MANJUNATH H, ADVOCATE) AND: SRI. RAMACHANDRA K, LATE KEMPEGOWDA, AGED ABOUT 56 YEARS, R/AT NO.30, SRIRAMA KRUPA, BANAGIRINAGARA, 3RD STAGE, BANASHANKARI, BENGALURU - 560 085. …RESPONDENT (BY SRI. PRAKASH M.H, ADVOCATE) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:654 CRP No. 860 of 2024 THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 30.11.2024 PASSED ON IA NO.I IN MISC.PET. NO.43/2023 ON THE FILE OF II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., DISMISSING THE IA NO.I FILED UNDER ORDER 21 RULE 26 OF CPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent submits on instructions that the application filed by the petitioners under Order XXI Rule 26 read with Section 151 of CPC in Misc. Petition No.43/2023 on the file of the II Additional Civil Judge, Bengaluru Rural District for stay of the execution of judgment and decree dated 15.04.2023 passed in O.S.No.272/2018 may be allowed. However, learned counsel submits that directions may be issued while allowing the Misc. Petition and restoring the suit in O.S.No.272/2018 while setting aside the judgment and decree dated 15.04.2023, that the proceedings shall recommence from the stage of cross examination of defendant witnesses. - 3 - NC: 2025:KHC:654 CRP No. 860 of 2024 2. Learned counsel for the petitioners would accept the said submission made by the learned counsel for the respondent. Consequently, Misc. Petition No.43/2023 filed at the hands of the petitioner herein before the II Additional Civil Judge, Bengaluru Rural District is hereby allowed. While setting aside the judgment and decree dated 15.04.2023 in O.S.No.272/2018. The suit in O.S.No.272/2018 is restored on the file of the II Additional Civil Judge, Bengaluru Rural District. It is also hereby directed that on recommencement of the proceedings, the learned II Additional Civil Judge, shall proceed from the stage of cross examination of the defendants witnesses. Further having regard to the fact that the suit was filed in the year 2018, learned II Additional Civil Judge shall endeavour to dispose of the suit as expeditiously as possible and at any rate within a period of six months from 27.01.2025. The parties are directed to appear before the II Additional Civil Judge, Bengaluru Rural District, on 27.01.2025, without awaiting any further notice. Sd/- (R DEVDAS) JUDGE rv CT:BHK