- 1 - HC-KAR NC: 2025:KHC:50366 CRP No. 122 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 122 OF 2020 (IO) BETWEEN: 1. SRI M S RAMEGOWDA AGED ABOUT 79 YEARS S/O SANNA SIDDEGOWDA MUKHTHIHALLI POST CHIKKAMAGALURU TALUK-577 133 2. SMT PARVATHI C S AGEDA BOUT 67 YEARS W/O LAT M S NARAYANA GOWDA 3. SRI PRAVEEN M N AGED ABOUT 43 YEARS S/O LATE M S NARAYANA GOWDA PETITIONERS NO.2 AND 3 ARE R/AT KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU TALUK-577 101 4. SRI M S LINGAPPA GOWDA AGED ABOUT 73 YEARS S/O R SANN SIDDEGOWDA KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU TALUK-577 101 5. SI M S CHANNAKESHAVE GOWDA AGED ABOUT 70 YEARS S/O R SANNA SIDDEGOWDA KRISHNAGIRI ESTATE Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50366 CRP No. 122 of 2020 KAIMARA POST CHIKKAMAGALURU TALUK-577 101 6. SRI M S BHOJE GOWDA AGED ABOUT 68 YEARS S/O R SANNA SIDDEGOWDA KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU TALUK-577 101 &PETITIONERS (BY SRI ABHINAV RAMANAND A AND SRI VIVEK.B.N, ADVOCATES FOR P2 TO P5; VIDE ORDER DAETD 05.11.2025 PETITION AGAINST P1 AND P6 DISMISSED) AND: 1. SMT GUNA MALLARA AGED ABOUT 62 YEARS W/O SURENDRA MALLARA R/O JAYANAGARA MANGALORE 2. SMT HARINI S GOWDA AGED ABOUT 56 YEARS W/O SUBASH G GOWDA R/O ASHBURAN V A ,U.S.A., REPRESENTED BY HER GPA HOLDER SMT GUNA MALLARA 3. SRI M R SANNA SIDDAGOWDA AGED ABOUT 103 YEARS S/O LATE RAMEGOWDA KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU TALUK-577 101 4. SMT JAYA SREEKANTHA AGED ABOUT 76 YEARS W/O B H SREEKANTHA R/O NEXT TO SYNDICATE BANK - 3 - HC-KAR NC: 2025:KHC:50366 CRP No. 122 of 2020 R G ROAD CHIKKAMAGALURU-577 101 5. SMT KRISHNAVATHI AGED ABOUT 67 YEARS W/O K K KUMARASWAMY R/O MANJUNATHA STORES B M ROAD SAKALESHAPURA HASSAN DISTRICT-573 134 6. SMT GIRIJA THIMMAPPA AGED ABOUT 65 YEARS W/O B M THIMMAPPA R/O BEKKANUR HIREKODIGE POST KOPPA TALUK-577 126 CHIKKAMAGALURU DISTRICT 7. SMT LALITHA THYAGARAJ AGED ABOUT 64 YEARS W/O B T THYAGARAJ R/O BEKANAHALLI KUNDAHALLI POST SOMWARPET TALUK NORTH COORG-571 236 8. SMT M S CHUDAMANI AGEDA BOUT 59 YEARS R/O SUNASALE POST MUDIGERE TALUK-577 132 CHIKKAMAGALURU DISTRICT 9. SMT KALPANA PRADEEP AGED ABOUT 51 YEARS W/O PRADEEP R/O KATRUMANE VILLAGE JAKKANAHALLI POST-577 130 CHIKKAMAGALURU TALUK - 4 - HC-KAR NC: 2025:KHC:50366 CRP No. 122 of 2020 10. SRI M R RANJITH AGED ABOUT 51 YEARS S/O SRI M S RAMEGOWDA 11. MR M R RAMILA AGED ABOUT 49 YEARS D/O SRI M S RAMEGOWDA 12. MRS M R SHAIVANTHI AGED ABOUT 47 YEARS D/O SRI M S RAMEGOWDA 13. MRS M R ANUJA AGED ABOUT 45 YEARS D/O SRI M S RAMEGOWDA RESPONDENT NO.10 TO 13 ARE RESIDING AT MUGHTHIHALLI POST CHIKKAMAGALURU TALUK-577 133 14. SMT M N SHILPA AGED ABOUT 45 YEARS D/O LATE M S NARAYANA GOWDA 15. SMT M S SUPARNA AGED ABOUT 43 YEARS D/O LATE M S NARAYANA GOWDA RESPONDENT NO.14 TO 15 ARE RESIDING AT KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU-577 101 16. SRI M L SIDDARTH AGED ABOUT 34 YEARS S/O M S LINGAPPA GOWDA 17. SMT M L SAHITHYA AGED ABOUT 38 YEARS D/O M S LINGAPPA GOWDA - 5 - HC-KAR NC: 2025:KHC:50366 CRP No. 122 of 2020 18. SMT M L SANCHITHA AGED ABOUT 36 YEARS D/O M S LINGAPPA GOWDA RESPONDENT NOS. 16 TO 18 ARE RESIDING AT KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU TALUK-577 101 19. SMT M C NAMRATHA AGED ABOUT 37 YEARS D/O M S CHANNAKESHAVE GOWDA 20. SMT M C NITA AGED ABOUT 34 YEARS D/O M S CHANNAKESHAVE GOWDA 21. SMT M C NIVEDITHA AGED ABOUT 32 YEARS D/O M S CHANNAKESHAVE GOWDA RESPONDENT NOS.19 TO 21 ARE RESIDING AT COFFEE PLANTER KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU TALUK-577 101 22. SMT M B HIMAKEERTHI AGED ABOUT 36 YEARS D/O M S BHOJE GOWDA 23. SRI M B JAYAKEERTHI (JAGATH) AGED ABOUT 33 YEARS S/O M S BHOJE GOWDA RESPONDENTS No.22 AND 23 ARE RESIDING AT KRISHNAGIRI ESTATE KAIMARA POST CHIKKAMAGALURU TALUK-577 101 &RESPONDENTS - 6 - HC-KAR NC: 2025:KHC:50366 CRP No. 122 of 2020 (BY SRI SACHIN B S, ADVOCATE FOR R1; VIDE ORDER DATED 26.07.21 NOTICE TO R3 TO R23 ARE DISPENSED WITH; VIDE ORDER DATED 13.09.21 NOTICE TO R2 IS HELD SUFFICIENT) THIS CRP IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 05.08.2019 PASSED ON IA No.II IN OS No.45/2018 ON THE FILE OF THE II ADDL.SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, CHIKKAMAGALUR REJECTING /DISMISSING THE IA No.2 FILED UNDER ORDER 7 RULE 11 (a) AND (d) OF CPC FOR REJECTION OF THE PLAINT. THIS PETITION, COMING ON FOR FURTHER CONSIDERATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Learned counsel for the revision petitioners has filed memo which reads as under: <Petitioners submits that the Trial in O.S.No.45/2018 on the file of II Additional Senior Civil Judge, JMFC., Chikkamagaluru is at an advance stage. The petitioner may be permitted to urge all the grounds raised in the present petition before the Trial Court. The Trial Court may be directed to consider contentions on merits raised by the petitioner herein without being influenced by any finding/observation made in the order dated 05.08.2019. - 7 - HC-KAR NC: 2025:KHC:50366 CRP No. 122 of 2020 The present Memo may kindly be taken on record and appropriate directions may be issued as submitted above, in the interest of equity and justice.= 2. Placing the memo on record revision petition is dismissed as withdrawn. 3. Having regard to the age of the suit in the trial Court, suit shall be expedited. 4. Available defence is permitted to be urged in accordance with law. Sd/- (V SRISHANANDA) JUDGE MR