- 1 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REVIEW PETITION NO. 316 OF 2025 BETWEEN: 1. SMT. KENCHAMMA SINCE DEAD BY HER LEGAL REPRESENTATIVES SMT. GOWRAMMA AGED ABOUT 65 YEARS, D/O LATE KENCHAMMA, 2. SMT. PARVATHAMMA, AGED ABOUT 61 YEARS, D/O LATE KENCHAMMA 3. LATE BYRAPPA, S/O LATE KENCHAMMA, (SINCE DEAD BY LRS) VENKATAMMA, AGED ABOUT 57 YEARS, W/O LATE BYRAPPA 4. HARISH, AGED BOUT 39 YEARS, S/O LATE BYRAPPA Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 5. VIJAYA, AGED ABOUT 35 YEARS, D/O LATE BYRAPPA PETITIONERS 1 TO 5 ARE R/AT NO.172/A, 6TH CROSS, VINAYAKANGARA, RAMANAGARA, RAMANAGARA TALUK-562159 6. LATE SMT. NANJAMMA, (SINCE DEAD BY HER LR'S) SRI. CHANDRAPPA, S/O LATE NANJEGOWDA, MAJOR 7. PUTTASWAMAIAH, S/O LATE NANJEGOWDA, MAJOR 8. RAMAIAH, S/O LATE NANJEGOWDA MAJOR 9. KRISHNAPPA, S/O NANJEGOWDA MAJOR PETITIONERS 6 TO 9 ARE R/AT CHIKKA ARASANAHALLI VILLAGE, M.G.PALYA POST, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT-571511 SMT. PUTTAMMA (SINCE DEAD BY HER LR'S) - 3 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 10. RAMESH S/O VENKATAPPA, MAJOR 11. KRISHNAIAH @ KRISHNA, S/O VENKATAPPA, MAJOR 12. MANGAMMA, W/O VATTAPPA, MAJOR PETITIONERS 10 TO 12 ARE R/AT KARIKALADODDI VILLAGE, MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-571511 13. SRI.KATARI GOWDA, S/O VENKATARAJU, MAJOR 14. SRI. VENKATARAJU, S/O KATARIGOWDA, MAJOR 15. SMT. KEMPAMMA, D/O KATARIGOWDA, MAJOR 16. SRI.GOVINDA S/O KATARIGOWDA, MAJOR PETITIONER Nos.13 TO 14 ARE R/AT BYREGOWDANADODDI VILLAGE, MARALAWADI HOBLI, - 4 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 KANAKAPURA TALUK, RAMANAGARA DISTRICT-571511 …PETITIONERS (BY SRI. SHRIDHARAMURTHY H.R., ADVOCATE) AND: 1. LATE MUDDAIH (SINCE DEAD BY HIS LRS) SMT. SAKAMMA W/O LATE MUDDAIAH, MAJOR 2. SRI. SHIVANANJIAH, S/O LATE MUDDAIAH, MAJOR 3. SRI. KRISHNAPPA, S/O LATE MUDDAIAH, MAJOR 4. SMT. LAKSHMAMMA, D/O LATE MUDDAIAH, MAJOR RESPONDENT Nos. 1 TO 4 ARE R/AT NO.41, NEAR WATER TANK, VADERAHALLI, RAMANAGARA-562159 5. PUTTAIAH, S/O LATE NANJEGOWDA, MAJOR, R/AT VADDERAHALLI VILLAGE, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-571511 - 5 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 6. SMT. MAYAMMA, W/O LATE CHANNAPPA, MAJOR 7. SRI. LOKESH, S/O LATE CHANNAPPA, MAJOR 8. SRI. MUDDARAJU, S/O LATE CHANNAPPA, MAJOR 9. SMT. SHUMALATHA, D/O LATE CHANNAPPA, MAJOR RESPONDENT Nos.5 TO 9 ARE R/O C/O LAKSHMI MEDICALS AND GENERAL STORES, SHIVAKOTE POST, DODDABYLEKERE VILLAGE, BANGALORE NORTH TALUK-567801 10. SRI. RAMANA SINCE DEAD BY LEGAL REPRESENTATIVES SMT. GOWRAMMA AGED ABOUT 75 YEARS W/O LATE RAMANNA R/O K GOPANAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA - 562109 11. SMT. YASHODAMMA AGED ABOUT 55 YEARS - 6 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 W/O VARADEGOWDA R/O VADDARAHALLI VILLAGE, KAILANCHA HOBLI, RAMANAGARA - 562159 12. SMT. CHANDRAMMA AGED ABOUT 52 YEARS, W/O PAPANNA R/O T HOSAHALLI VILLAGE, HAROHALLI HOBLI AND TALUK RAMANAGARA - 562112 13. SMT. SHANTHAMMA AGED ABOUT 50 YEARS, W/O RAJU, R/O VADDARAHALLI VILLAGE, KAILANCHA HOBLI, RAMANAGARA - 562159 14. SMT. NEELAMMA AGED ABOUT 48 YEARS W/O MALLAPPA, R/O AGARA VILLAGE, HAROHALLI HOBLI AND TALUK RAMANAGARA - 562112 15. SMT. PRABHA AGED ABOUT 45 YEARS W/O CHANNAPPA, R/O KOLAGANAHALLI VILLAGE, HAROHALLI HOBLI AND TALUK RAMANAGARA-562112 16. SRI. SHIVANNA, S/O LATE NANJEGOWDA, MAJOR R/AT GOPALAHALLI VILLAGE, - 7 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 BIDADI HOBLI, RAMANAGARA-562109 …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION.114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO CALL FOR RECORDS IN RSA NO. 469/2016, HEAR THE PARTIES AND PASS THE FOLLOWING ORDERS. a) PASS AN ORDER TO REVIEW JUDGMENT DATED 18.03.2025, PASSED IN RSA NO. 469/2016. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this review petition to review the judgment dated 18.03.2025 passed by this Court in RSA No.469/2016. 2. This Court had modified the judgments and decrees passed by the Courts below and this review petition is filed on the ground that this Court neither allotted the share to defendants No.5 to 7, nor gave them an opportunity to file a necessary application before the FDP Court. Hence, filed this review petition. - 8 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 3. Heard the learned counsel for the petitioners. 4. Learned counsel for the petitioners submits that, this Court granted opportunity to defendants No.5 to 7 to make application in the final decree proceedings for modification of shares. 5. From the perusal of paragraph No.12 of the judgment passed in RSA No.469/2016, it is the submission made by learned counsel for defendants No.3 and 4. This Court has not reserved any liberty to defendants No.5 to 7 to make any application in the FDP for modification of shares. When a specific query was put to the learned counsel for the petitioners to point out the error apparent on the face of the record, the learned counsel for the petitioners is unable to point out any error apparent on the face of the record. 6. I have perused the judgment in RSA No.469/2016. I do not find any error apparent on the face - 9 - HC-KAR NC: 2025:KHC:43001 RP No. 316 of 2025 of the record. Accordingly, the review petition is dismissed. 7. In view of dismissal of the review petition, pending IAs, if any, do not survive for consideration and stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 6