- 1 - NC: 2025:KHC-D:6007 RP No. 100164 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO. 100164 OF 2024 (-) IN REGULAR SECOND APPEAL NO. 100488 OF 2019 BETWEEN: 1. SHRI PAMMANNA ANNAPPA AGASIMANI, AGED ABOUT 67 YEARS, OCC: AGRICULTURE, R/O. AT POST HALLAD ONI, DEVESIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591112. 2. SHRI SURESH ANNAPPA AGASIMANI, AGED ABOUT 76 YEARS, OCC: AGRICULTURE, R/O. AT POST HALLAD ONI, DEVESIGIHALLI, TQ: BAILHONGAL, DIST: BELAGAVI-591112. …PETITIONERS (BY SRI. AKSHAY KATTI, ADVOCATE) AND: SMT. SUMAN W/O. JAIPAL NAVALUR, AGE ABOUT 75 YEARS, OCC: HOUSEHOLD WORK, R/O. H.NO.1321, RAMLING KHIND GALLI, TQ: AND DIST: BELAGAVI-590001. …RESPONDENT (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF CPC 1908 PRAYING THAT THIS HON’BLE COURT BE PLEASED TO REVIEW THE JUDGMENT DATED 08.06.2022 PASSED BY THIS HON’BLE COURT IN R.S.A. NO.100488/2019, TO MEET THE ENDS OF JUSTICE. THIS PETITION COMING ON FOR FURTHER ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6007 RP No. 100164 of 2024 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER At the consent of the learned counsel appearing for the parties, the Review Petition was heard on merits. 2. Review petitioners herein are the respondents in RSA No.100488 of 2019. The respondent herein is the appellant in the said appeal. The respondent herein (appellant in RSA No.100488 of 2019) has challenged the judgment and decree dated 20.03.2019 in RA No.20 of 2017 on the file of Senior Civil Judge, Bailhongal, dismissing the appeal and confirming the judgment and decree dated 10.03.2017 in OS No.239 of 2015 on the file of Civil Judge and Judicial Magistrate First Class, Kittur, dismissing the suit, seeking relief of permanent injunction. - 3 - NC: 2025:KHC-D:6007 RP No. 100164 of 2024 3. The RSA No.100488 of 2019 was listed for orders on 08.02.2022 and this court, taking into consideration the memo filed by the appellant therein/respondent herein permitted him to withdraw the appeal with liberty to file a comprehensive suit against the defendants therein. 4. I have heard Sri. Akshay Katti, learned counsel appearing for the Review Petitioners and Sri. Santhosh B. Rawoot, learned counsel appearing for the respondent. 5. Sri. Akshay Katti, learned counsel appearing for the Review Petitioners contended that, the said order has been passed accepting the memo filed by the respondent herein in the Regular Second Appeal, was before issuance of notice and the Review Petitioners herein have not been heard in the matter and accordingly, Sri. Akshay Katti, learned counsel - 4 - NC: 2025:KHC-D:6007 RP No. 100164 of 2024 appearing for the Review Petitioners seeks review of the order dated 08.06.2022. 6. Per contra, Sri. Santhosh B. Rawoot, learned counsel appearing for the respondent contended that, the suit was filed, seeking permanent injunction and having taken note of the fact that the title is disputed in the said proceedings, liberty was reserved to file comprehensive suit which cannot be faulted with by the Review Petitioners herein. Accordingly, he sought for dismissal of the Review Petition. 7. In the light of the submission made by the learned counsel appearing for the parties, I have carefully examined the judgment dated 08.06.2022 passed in RSA No.100488 of 2019, wherein, the order of disposal of the second appeal, it is stated to reserve liberty to file comprehensive suit was made before hearing the Review Petitioners herein/respondents in the said Regular Second appeal. In that view of the - 5 - NC: 2025:KHC-D:6007 RP No. 100164 of 2024 matter, I find force in the submission made by the learned counsel for the Review Petitioners and accordingly, judgment dated 08.06.2022 is hereby recalled as the civil rights of the parties will be effected, if the order is accepted without hearing the other side. Hence, Review Petition is allowed. Judgment dated 08.02.2022 in RSA No.100488 of 2019 is hereby recalled and said Regular Second Appeal is restored to file. It is also made clear that, as the Review Petition is allowed, any further action taken by the respondent herein in furtherance of the order/judgment dated 08.02.2022 be kept in abeyance till the conclusion of RSA No.100488 of 2019 before this Court. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 1 Sl No.: 16