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2025 DAILYLAW 69211 (KAR)

MR. NAVEEN TERENCE SALDANA v. NEETHAN H SALDANA

RP/345/2025 · 2025-10-31

Hanchate Sanjeevkumar

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43652 RP No. 345 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO. 345 OF 2025 BETWEEN: MR. NAVEEN TERENCE SALDANA S/O LATE ANTHONI SALDANA AGED ABOUT 57 YEARS R/O HOLY CROSS ESTATE HONNEKOPPA, HAMLET DEVADANA VILLAGE SANGAMESHWARAPETE POST KHANDYA HOBLI, CHIKAMAGLURU TALUK CHIKMAGLURU-577 136 …PETITIONER (BY SRI. RAKESH KINI., ADVOCATE) AND: 1. NEETHAN H SALDANA S/O LATE ANTHONI SALDANA AGED ABOUT 55 YEARS Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43652 RP No. 345 of 2025 2. CAROL SALDANA W/O NEETHAN H SALDANA AGED ABOUT 50 YEARS BOTH RESIDING AT HOLY CROSS ESTATE HONNEKOPPA, HAMLET DEVADANA VILLAGE SANGAMESHWARAPETE POST KHANDYA HOBLI CHIKAMAGLURU TALUK CHIKAMAGLURU – 577136. …RESPONDENTS (BY SRI. SACHIN B S., ADVOCATE) THIS REVIEW PETITION FILED UNDER SECTION.114 (b) READ WITH ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE 1908 PRAYING TO GRANT A REVIEW OF THE ORDER DATED 25.04.2025 IN THE SAID MISC FIRST APPEAL AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:43652 RP No. 345 of 2025 ORAL ORDER The defendant filed MFA No.2665/2025 before this Court praying to review the order dated 25.04.2025 in the said MFA. 2. Though the learned counsel for the review petitioner has taken several contentions that the appellants/plaintiffs have not produced the necessary documents i.e., the certificate dated 01.04.2025 issued by Grama Panchayath and the certificate of confirmation dated 28.07.2025, before the trial Court but the review petitioner has produced the said documents before this Court and the same do not disclose that whether there is road way existed in defendant's property. It is further contended that now, the suit is set down for plaintiff's evidence. 3. After hearing learned counsel for the respective parties, this Court is of the opinion that instead of going on the merits of the case in the review petition, if direction - 4 - HC-KAR NC: 2025:KHC:43652 RP No. 345 of 2025 is issued to the Trial Court to dispose of the suit within a period of four months, that would be sufficient at this stage. 4. Therefore, the trial Court is directed to dispose of the said suit within a period of four months from today. 5. It is further directed that both the parties shall co-operate with the Court for speedy disposal without seeking unnecessary adjournments 6. Whatever the observations made above shall not be construed as observations on merits, as the same are only on the basis of submissions made by the learned counsel for the review petitioner and the observations made by the trial Court. Therefore, the trial Court shall decide the suit independently on merits of the suit based on the evidence to be adduced. 7. Accordingly, the petition is disposed of. - 5 - HC-KAR NC: 2025:KHC:43652 RP No. 345 of 2025 8. In view of disposal of the petition, pending I.A's, if any, do not survive for consideration. Accordingly, the same are disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE JS List No.: 1 Sl. No.:9