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2025 DAILYLAW 68496 (KAR)

SRI K KOCHAPPAN K v. THE COMMISSIONER CMC

RP/185/2025 · 2025-12-04

R Nataraj

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50939 RP No. 185 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REVIEW PETITION NO. 185 OF 2025 BETWEEN: 1. SRI. K. KOCHAPPAN.K, S/O LATE R. KUTTAN, SINCE DEAD BY LR's 1(A) SMT. K. VASANTHI, W/O P. BALACHANDRAN, AGED ABOUT 54 YEARS, 1(B) SRI. RAMESH, S/O K. KOCHAPPAN, AGED ABOUT 53 YEARS, 1(C) SRI. K. DINESH, S/O K. KOCHAPPAN, AGED ABOUT 51 YEARS, 1(D) SRI. K. JAGADISHA, S/O K. KOCHAPPAN, AGED ABOUT 46 YEARS, 1(E) SMT. ROOPA.K, D/O K. KOCHAPPAN, AGED ABOUT 32 YEARS, THE PETITIONER NO.1(B) TO 1(E) REPRESENTED BY THEIR GPA HOLDER SMT. K. VASANTHI THE PETITIONER NO.1(A) HEREIN. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50939 RP No. 185 of 2025 NO.1(A) TO 1(E) ARE R/AT NO.94/1, KAMMASANDRA VILLAGE, HEBBAGODI POST, ATTIBELE HOBLI ANEKAL TALUK, BENGALURU-560100. …PETITIONERS (BY SRI. VASANTHAPPA, ADVOCATE) AND: 1. THE COMMISSIONER CMC, AMBEDKAR ROAD, HEBBAGODI, BENGALURU CITY, BENGALURU-560 100. 2. SRI. DENIS D'SOUZA, S/O MARTIN D'SOUZA, AGED ABOUT 79 YEARS, R/AT NO.21, 6TH CROSS, LAKSHMI ROAD, SHANTHINAGAR, BENGALURU-560027. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CODE OF CIVIL PROCEDURE READ WITH RULE 39 OF WRIT PROCEEDING RULES PRAYING TO REVIEW THE ORDER DATE:12.12.2025 PASSED IN W.P.NO.55372/2017 BY THIS HON'BLE COURT AND WITH FURTHER DIRECTION TO THE RESPONDENTS TO REMOVE ROAD FORMED IN THE PETITIONERS LANDS IN SY NO.94/1 AND 94/2, MEASURING EAST TO WEST 15 FEET AND NORTH TO SOUTH 341 FEET, SITUATED AT KAMMASANDRA VILLAGE, HEBBAGODI WARD NO.29, ATTIBELE HOBLI, BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:50939 RP No. 185 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER This petition is filed to review the order dated 12.02.2025 passed in WP No.55372/2017. 2. The petitioners claim that WP No.55372/2017 was withdrawn with liberty to approach the Civil Court to establish the rights of the petitioners over the lands in question. They contend that inadvertently they could not bring to the notice of the Court that the petitioners had already obtained a declaration of their rights over the lands in question and the same could not be placed before the Court. Therefore, they pray for a review of the order dated 12.02.2025 3. The petition was withdrawn by the learned counsel for the petitioners and hence, there is no error in the Court disposing of the writ petition based on the submission made. Therefore, there is no need to review the order passed by this Court. If the petitioners have obtained any declaration of their title to the property in question, they may file appropriate application in the disposed of writ petition. - 4 - HC-KAR NC: 2025:KHC:50939 RP No. 185 of 2025 4. The review petition stands disposed off on above terms. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 2