- 1 - HC-KAR NC: 2025:KHC:41542 CRP No. 225 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 225 OF 2018 BETWEEN: 1. B V SURESH KUMAR AGED ABOUT 63 YEARS S/O. SRI. B. UPENDRA VARAMBALLI R/AT NO.488, 5TH MAIN KENGERI SATELLITE TOWN BENGALURU - 560 060 …PETITIONER (BY SRI. SEETHA RAMA RAO B.C., ADVOCATE) AND: 1. SRI. C. THAMMAIAH S/O. LATE CHIKKANNA R/AT NAGADEVANA HALLI JNANABHARATHI POST KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE 2. SRI. H. HEMARAJU AGED ABOUT 43 YEARS S/O. SRI RAMALAL HEMALAL CHOUDHARY R/A NO.312, KUVEMPU ROAD KENGERI BANGALORE - 560 060 …RESPONDENTS (BY SRI. K. NARASIMHA MURTHY, AGA FOR R1 R2 IS SERVED AND UNREPRESENTED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41542 CRP No. 225 of 2018 THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 29.01.2018 PASSED ON IA NO.VII IN OS O.530/2005 ON THE FILE OF THE I ADDL. CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, REJECTING THE IA NO.VII FILED UNDER SECTION 151 OF CPC., FOR DISMISSAL OF THE SUIT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER A memo is filed by the counsel for the respondents, which reads as under: "The 1st respondent / plaintiff submits as follows:- 1) The 1st respondent/plaintiff filed suit bearing O.S.NO:530/2005 for permanent Injunction and also for declaration, both sale deed Dt: 24-10-1994 and 26-10-1994 as null & void, not binding upon 1st respondent/plaintiff in respect of the suit schedule property. 2] The 1 respondent/plaintiff also filed suit bearing O.S.NO:4844/2008, before Bengaluru City Civil Judge at Bengaluru, for partition, separate possession declaration of alienation is not binding upon the 1 - 3 - HC-KAR NC: 2025:KHC:41542 CRP No. 225 of 2018 respondent / plaintiff in respect of suit schedule properies. The said suit came to be dismissed on 12-04-2017 on merits. The 1st respondent/plaintiff aggrieved by said Judgment and Decree preferred R. F.A.No1469/2017 before this Hon'ble court. The same is pending for consideration before division bench of this Hon'ble court. 3) The petitioner /2nd defendant filed revision petition challenging the impugned order 29-01-2018 passed by trial court on I.A.NO: VII in O.S.NO:530/2005. 4) The 1st respondent/plaintiff herein is withdrawing suit O.S.NO:530/2005 pending on the file of 1st additional Civil Judge, reserving the liberty to at Bengaluru, Bengaluru Rural workout remedy UF District, pending R.F.A.NO: 1469/2017, both sale deed Dt:24-10- 1994 and 26-10-1994 will not bind 1st respondent/plaintiff to extent of his share in the suit schedule properties. 5) The 1 respondent plaintiff paid court fee of 16,500/- (Rupees Sixteen thousand and five hundred only! towards seeking declaration of both sale deed Dt:24-10- 1994 and 26-10-1994 is null void, not binding upon the plaintiff. Therefore the 1st respondent/plaintiff prays for refund of the court fee paid on the plaint. WHEREFORE 1st respondent/plaintiff prays that, this Hon'ble at Court to be pleased dismiss the suit O.S.NO:530/2005 pending on the file of 1st additional Civil Judge, Bengaluru, Bengaluru Rural District, as - 4 - HC-KAR NC: 2025:KHC:41542 CRP No. 225 of 2018 withdrawn, reserving the liberty to workout remedy in pending R.F.A.NO:1469/2017, both sale deed Dt:24-10- 1994 and 26-10-1994 will not bind 1st respondent / plaintiff to extent of his share in the suit schedule properties and also refund of the court fee 16,500/- [Rupees Sixteen thousand and five hundred only] paid on the plaint, in the interest of justice and equity." In view of the memo, the suit filed before the Trial Court stands withdrawn with liberty as prayed for, subject to the available defences to the other side. Accordingly, the petition stands disposed off. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 17