- 1 - HC-KAR NC: 2025:KHC:35364 CRP No. 357 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 357 OF 2025 BETWEEN: SRI. THOPAIAH S/O LATE KEMPAIAH, AGED ABOUT 82 YEARS, R/AT BETTAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. …PETITIONER (BY SRI MUTHURAJU A., ADVOCATE) AND: 1. SRI MUNIRAJU S/O LATE SIDDAPPA, AGED ABOUT 42 YEARS, 2. SRI VENKATAPPA S/O LAKSHMAIAH, AGED ABOUT 56 YEARS, 3. SRI LAKSHMANNA S/O LATE VENKATARAMANAPPA, AGED ABOUT 32 YEARS, 4. SRI GOVINDARAJU S/O LATE MARAVENKATA, AGED ABOUT 45 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35364 CRP No. 357 of 2025 5. SRI SRIDHAR S/O LATE VENKATAPPA, AGED ABOUT 30 YEARS, 6. SRI NARAYANA S/O LATE VENKATAPPA, AGED ABOUT 35 YEARS, 7. SRI MARAIAH S/O NARASAPPA, AGED ABOUT 35 YEARS, 8. SRI KRISHNAIAH S/O LATE TATAPPA, AGED ABOUT 49 YEARS, 9. SRI BYLAHANJINAPPA S/O LATE VENKATARAMANAPPA, AGED ABOUT 50 YEARS, 10. SRI GOVINDARAJU S/O LATE PUJAPPA, AGED ABOUT 40 YEARS, 11. SRI MARUTHI @ NARASIMHAMURTHI S/O NARASAPPA, AGED ABOUT 50 YEARS, 12. SRI GANGARAJU S/O NARASAPPA, AGED ABOUT 39 YEARS, 13. SRI GOVINDARAJU S/O LAKSHMAIAH, AGED ABOUT 48 YEARS, - 3 - HC-KAR NC: 2025:KHC:35364 CRP No. 357 of 2025 14. SRI LINGARAJU S/O BYLAVENKATAPPA, AGED ABOUT 38 YEARS, 15. SRI MARUTHI S/O LATE BYLAPPA, AGED ABOUT 44 YEARS, 16. SRI RAVI S/O LATE BOGAIAH, AGED ABOUT 28 YEARS, ALL RESPONDENTS ARE R/AT BETTAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123 …RESPONDENTS (BY SRI H.M.RAJASHEKARA, ADVOCATE FOR C/R1) THIS CRP IS FILED U/S.115 OF CPC AGAINST THE ORDER DATED 25.04.2025 PASSED IN MA NO.20/23 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 05.08.2023. PASSED ON IA NO.I IN OS NO.421/2022 ON THE FILE OF THE C/C. III ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA, REJECTING THE IA NO.1 FILED U/O XXXIX RULE 1 AND 2 R/W SEC. 151 OF CPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:35364 CRP No. 357 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER What is challenged is, both orders of the Trial Court and the First Appellate Court, which I pass orders on Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, the Civil Revision Petition is not maintainable. 2. Reserving liberty to the petitioner to avail of such remedy, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE PHM List No.: 1 Sl No.: 373