- 1 - HC-KAR NC: 2025:KHC:30303 CRP No. 476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CIVIL REVISION PETITION NO. 476 OF 2025 (IO) BETWEEN: SRI NAZEER AHMED S/O M. ISMAIL AGED ABOUT 73 YEARS R/AT 25-2-1578 LITTLE FLOWER APARTMENTS BALIKASHRAM ROAD KANKANADY, MANGALURU DAKSHINA KANNADA – 575 002. …PETITIONER (BY SRI SACHIN B.S., ADVOCATE) AND: MR.D.RAMAPPA, SINCE DEAD BY LR’S. 1. MRS.SUSHEEL BAI AGED ABOUT 90 YEARS W/O LATE D.RAMAPPA R/AT MIF 43, SHRI LAKHSMI 1ST FLOOR, NEAR 100 FEET ROAD OPP. VEGETABLE MARKET HUDCO COLONY, VINOBANAGAR SHIVAMOGGA – 577 204. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30303 CRP No. 476 of 2025 2. SMT.DR. VIJAYA MANOHAR REVANKAR D/O LATE D.RAMAPPA W/O DR.MANOHAR G. REVANKAR AGED ABOUT 62 YEARS R/AT FLAT NO.B-8 KMC STAFF QUARTERS LIGHT HOUSE HILL ROAD KODIYALBAIL, MANGALURU DAKSHINA KANNADA – 575 003. SEEMA MANIPPADY SINCE DEAD BY LR’S W/O ANWAR MUNIPPADY 3. ANWAR MANNIPADY AGED ABOUT 59 YEARS RESIDING AT PENT HOUSE HIGH POINT, NANTHOOR MANGALURU – 575 005. …RESPONDENTS (BY MISS.GLANCIA, ADVOCATE FOR SRI M.CHIDANANDA, ADVOCATE FOR C/R1) THIS CIVIL REVISION PETITION IS FILED UNDER SEC.115 OF CPC., SET ASIDE THE IMPUGNED ORDER DATED 03.06.2025 PASSED ON I.A NO.14 IN OS.NO.359/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DAKSHINA KANNADA, AS PER ANNEXURE – A AND CONSEQUENTLY ALLOW I.A.NO.14 AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30303 CRP No. 476 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-defendant No.1, is before this Court calling in question an order of the concerned Court rejecting an application filed by the petitioner under Order VII Rule 11 of the CPC seeking rejection of the plaint. 2. Heard Sri Sachin B S, learned counsel appearing for petitioner and Ms. Glancia, learned counsel appearing for caveator/respondent No.1. 3. The application itself comes to be filed on 15-1-2025 i.e., 6 years after the institution of the suit and the suit going through all the rigmarole of procedure. The application itself was not entertainable before the concerned Court at the time at which it was filed. Notwithstanding the same, the concerned Court entertains the application, renders an order rejecting the application. The rejection of the application cannot be found fault with, though the reasons so rendered appears to be on a slippery slope. Be that as it may. - 4 - HC-KAR NC: 2025:KHC:30303 CRP No. 476 of 2025 4. In the light of the application itself being not entertainable at the fag end of the trial, I deem it appropriate to reject the petition, reserving liberty to the petitioner to urge all these contentions before the appellate Court, in the event he would get aggrieved by the judgment so passed by the concerned Court, which is said to be listed for its judgment on 07-08-2025. Ordered accordingly. Consequently, I.A.No.1 of 2025 stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 2 Sl No.: 14