- 1 - HC-KAR NC: 2025:KHC:50742 CRP No. 434 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 434 OF 2023 (IO) BETWEEN: 1. SRI N C RAMAIAH AGED ABOUT 61 YEARS S/O LATE CHIKKAKEMAPAIAH 2. SMT LAKSHMAMMA AGED ABOUT 55 YEARS W/O SRI N C RAMAIAH 3. SRI N R ARAVINDA AGED ABOUT 41 YEARS S/O SRI N C RAMAIAH 4. SRI N R GIRISHA AGED ABOUT 36 YEARS S/O SRI N C RAMAIAH 5. SRI N R CHANDRA AGED ABOUT 34 YEARS S/O SRI N C RAMAIAH 6. SMT NANDINI AGED ABOUT 34 YEARS S/O SRI N R ARAVINDA ALL ARE R/AT NAGADASANAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560 064 …PETITIONERS (BY SRI. ABHINAV RAMANAND A., ADVOCATE) Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50742 CRP No. 434 of 2023 AND: 1. SMT N C MUNIYAMMA AGED ABOUT 60 YEARS W/O SRI B V THAMMAIAH D/O LATE CHIKKAKEMPAIAH NO.609 DASAPPANAPALYA CHIKKABANAVARA POST BENGALURU NORTH TALUK BENGALURU 560 090 2. SMT AMMAYAMMA AGED ABOUT 83 YEARS W/O LATE CHIKKAKEMPAIAH R/AT THIMMASANDRA THARAHUNASE POST JALA HOBLI BENGALURU NORTH TALUK BENGALURU 560 064 3. SMT AKKAMMA AGED ABOUT 60 YEARS W/O SRI. ERANNA R/AT THIMMASANDRA THARAHUNASE POST JALA HOBLI BENGALURU NORTH TALUK BENGALURU 560 064 4. SMT RANTHANAMMA AGED ABOUT 57 YEARS W/O SRI B M GOPAL R/AT NO.169/3 1ST MAIN ROAD KAVAL BYRASANDRA R T NAGAR POST BENGALURU 560 032 5. SMT LAKSHMAMMA AGED ABOUT 50 YEARS W/O SRI APPAJI R/AT THIMMASANDRA THARAAHUNASE POST JALA HOBLI BENGALURU NORTH TALUK - 3 - HC-KAR NC: 2025:KHC:50742 CRP No. 434 of 2023 BENGALURU 560064 6. SRI RAVI NIRMAL KUMAR AGED ABOUT 44 YEARS S/O SRI RAVI MOHAN RAO R/AT NO.138, 4TH A CROSS KASTHURI NAGAR BENGALURU 560016 7. SMT PRATHIPATI SUBBAYAMMA @ P SUBHA AGED ABOUT 61 YEARS W/O SRI ANJANEYULU PRATHIPATI R/AT NO.67, 3RD CROSS RAMAKRISHNA GARDENS BEHIND GOWRI APARTMENTS NEW BEL ROAD BENGALURU 560054 8. SRI H GOPALA REDY @ GOPI AGED ABOUT 66 YEARS S/O LATE HANUMANTHAPPA R/AT NO.7, SHANTI NIVAS 2ND MAIN 3RD CROSS KHM BLOCK GANGANAGAR BENGALURU 560032 9. SRI PRATHIPATI NAGARAJA AGED ABOUT 49 YEARS S/O SRI P PARASURAMAIAH R/AT THEMIDEDAPADU VILLAGE KARAMCHEDU MANDAL PRAKASAM DISTRICT ANDHRA PRADESH 523 170 10. SRI C CHANDRA AGED ABOUT 44 YEARS S/O LATE CHIKKANNNA R/AT NAGADASANAHALLI YELAHANKA HOBLI - 4 - HC-KAR NC: 2025:KHC:50742 CRP No. 434 of 2023 BENGALURU NORTH TALUK BENGALURU 560 064 11. SRI N MUTHURAYAPPA AGED ABOUT 71 YEARS S/O LATE NAGAPPA NO.316, 3RD CROSS 2ND BLOCK 3RD PHASE 3RD STAGE BANASHANKARI BENGALURU 560085 …RESPONDENTS (BY SRI. PRAKASH TIMMANNA HEBBAR., ADVOCATE FOR R1, SRI. MANJUNATH G KANDEKAR FOR R7 & R9, SMT. M.V. THANUJA FOR R11, R2-AMMAYAMMA SD, R3-AKKAMMA SD, R4-RATHNAMMA SD, R5-LAKSHMAMMA SD, R10-C CHANDRA SD, V/O DTD:10.03.2025 NOTICE TO R6 & R8 D/W) THIS CRP FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 15.04.2023 PASSED ON IA NO.10 IN OS NO.652/2014 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT, BENGALURU REJECTING THE IA NO.10 FILED UNDER ORDER 7 RULE 11(b) AND (d) FOR REJECTION OF PLAINT. THIS PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 5 - HC-KAR NC: 2025:KHC:50742 CRP No. 434 of 2023 ORAL ORDER Having heard the parties, it is noticed that the grounds urged in the Civil Revision Petition are to be urged as defence before the Trial Court. 2. Since the filing of an application is the right of a party and as the law existed then the application came to be filed, the revision petitioner could have maintained an application and dismissal of the application with costs needs to be set aside. 3. Accordingly, the following: ORDER (i) Civil Revision Petition stands disposed of, by setting aside the imposition of the cost of Rs.25,000/- while dismissing the application. (ii) All the possible defences are kept open to be urged in the trial in accordance with law. Sd/- (V SRISHANANDA) JUDGE GVP List No.: 1 Sl No.: 21