- 1 - NC: 2025:KHC:2486 RP No. 624 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO.624 OF 2024 (-) IN WRIT PETITION NO.19400/2019 (CS-RES) BETWEEN: SRI. T.N. THIMMARAJACHAR, S/O. NARASHIMHACAHR, AGED ABOUT 58 YEARS, R/A. FLAT NO.1, 1ST FLOOR, GOUTAM GROUP, CHERRY SY.NO.2, NANDAKUMAR LAYOUT, AREHALLI, BENGALURU SOUTH, BENGALURU-560 061. …PETITIONER (BY SRI. K.S.MALLIKARJUNAIAH, ADVOCATE) AND: 1. M/S VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., BASAVANGUDI, BENGALURU-560 004. REPRESENTED BY ITS SECRETARY, SMT. SARASWATHIKESARKAR. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, PAPMA MAHAKAVI ROAD, BENGALURU DIVISION, CHAMRAJPET, BENGALURU-560 018. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R1) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH UNDER ORDER 47 RULE 1 OF CPC SEEKING TO REVIEW THE ORDER DATED 20.11.2024 PASSED BY THIS HON’BLE COURT IN W.P.NO.19400/2019 (CS-RES) BY PROVIDING AN OPPORTUNITY OF BEING HEARD TO THE PETITIONER HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC:2486 RP No. 624 of 2024 THIS PETITION IS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondent No.2. 2. The petitioner is before this Court seeking the following relief: “Review the order dated 20.11.2024 passed by this Hon’ble court in W.P.No.19400/2019 (CS-RES) by providing an opportunity of being heard to the Petitioner herein, in the interest of justice and equity.” 3. The above petition has been filed for review of the order dated 20.11.2024 passed in WP No.19400/2019. 4. By way of the said order, this Court had set-aside the order passed by the Karnataka Appellate Tribunal, Bengaluru and remitted the matter to the Karnataka Appellate Tribunal directing to provide - 3 - NC: 2025:KHC:2486 RP No. 624 of 2024 necessary opportunity to both the parties to file the pleadings and address their arguments. 5. The submission now made by the counsel for the petitioner to review of the order is on the ground that the site, which had been allotted to the petitioner, had not been cancelled. However, this Court having gone through the order it is clearly seen that the Joint Registrar having come to a conclusion that there was another site, which had been allotted to the wife, there could be no two sites, which could be allotted to the same family and thereby, did not proceed with the execution of any sale deed in respect of the site allotted to the petitioner, which amounts to a deemed cancellation of the site allotted to the petitioner. 6. That being the only ground and the same not being a ground for review of the order dated 20.11.2024 passed in WP No.19400/2019, the petition stands dismissed. - 4 - NC: 2025:KHC:2486 RP No. 624 of 2024 7. Both the parties are directed to appear before the Karnataka Appellate Tribunal, Bengaluru and address their arguments therein without seeking for any unnecessary adjournment. 8. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 19 Sl No.: 7