Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50365 RP No. 456 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REVIEW PETITION NO.456 OF 2024 BETWEEN:
SRI B RAVICHANDRAN AGED ABOUT 54 YEARS PRESENTLY R/A No 54/31, 4TH MAIN NANJUNDESHWARA NAGAR, NANDINI LAYOUT, BENGALURU -560 096 …PETITIONER (BY SRI NATARAJA BALLAL A, ADVOCATE) AND:
1.
SRI YUVARAJA AGED ABOUT 51 YEARS, S/O LATE DESAIAH R/A No 363, 2ND CROSS, 3RD MAIN, NANDINI LAYOUT, VIJAYANANDANAGAR, BENGALURU - 560096
2.
SMT SUNDRAMMA AGED ABOUT 49 YEARS, D/O LATE DESAIAH
3.
SRI GOPALAKRISHNA AGED ABOUT 45 YEARS, S/O LATE DESAIAH
RESPONDENT NOS.2 AND 3 ARE RESIDING AT No.363, 2ND CROSS, 3RD MAIN, NANDINI LAYOUT, VIJAYANANDANAGAR,
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50365 RP No. 456 of 2024
BENGALURU – 560 096 …RESPONDENTS (BY SRI THIMMAIAH K H, ADVOCATE FOR R1;
R2 –SERVED VIDE ORDER DATED 12.11.2025 NOTICE TO R3 IS HELD SUFFICIENT)
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII R/W SECTION 114 OF THE CODE OF CIVIL PROCEDURE PRAYING TO REVIEW THE ORDER DATED 02/07/2024 IN C.R.P.No.779/2023 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
Heard Sri Nataraja Ballal A, learned counsel for review petitioner and Sri Thimmaiah K.H., learned counsel for respondent No.1.
2. Auction purchaser who was respondent No.3 in CRP No.779/2023 is the review petitioner seeking to review the
order dated 02.07.2024.
3. A co-ordinate Bench of this Court by order dated 02.07.2024 disposed of CRP No.779/2023 by setting aside the auction held by the trial Judge in respect of the property which
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HC-KAR NC: 2025:KHC:50365 RP No. 456 of 2024
was subject matter of the petition bearing number in FDP No.50/2007.
4. Review petitioner is not seeking review of setting aside of the auction inasmuch as the consideration of the auction amount was not paid in full.
5. All that the review petitioner is now seeking is to permit the review petitioner to withdraw the advance amount which was deposited by him to the tune of 25,00,000/-.
6. In fact Sri Thimmaiah K.H., learned counsel for the respondent No.1 would point out that there is an order passed by this Court while disposing of the Civil Revision Petition permitting the review petitioner to withdraw the amount already deposited. Therefore, nothing survives in this review petition.
7. Hence, while maintaining the order of the Co- ordinate Bench in the Civil Revision Petition, it is clarified that the review petitioner is entitled to withdraw the amount in deposit under due identification of law.
8. With the above observation, following order is passed:
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HC-KAR NC: 2025:KHC:50365 RP No. 456 of 2024
ORDER Review petition is disposed off.
Sd/- (V SRISHANANDA) JUDGE
MR