- 1 - HC-KAR NC: 2025:KHC:52569 CRP No. 916 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 916 OF 2025 (IO) BETWEEN: 1. SRI RICHARD D CUNHA S/O LATE SEBASTIAN D'CUNHA AGED ABOUT 56 YEARS RESIDING AT PEDAMALE HOUSE NEAR KMF DAIRY NEERMARGA, KULSHEKAR, MANGALORE - 575 029 …PETITIONER (BY SRI. DAFNY MONALISA DCUNHA, ADVOCATE - ABSENT) AND: 1. SMT. ODETTE KATRAK D/O. ANTHONY A. D SOUZA AGED ABOUT 58 YEARS 2. SMT. BERNADINE SALDANA D/O. DOROTHY S. D SOUZA AND ANTHONY A D SOUZA AGED ABOUT 65 YEARS 3. SMT. MARGUERITE ALBUQUERQUE D/O. DOROTHY S. D SOUZA AND ANTHONY A D SOUZA AGED ABOUT 63 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52569 CRP No. 916 of 2025 4. SMT. MARION D SOUZA D/O. DOROTHY S. D SOUZA AND ANTHONY A D SOUZA AGED ABOUT 60 YEARS 5. SRI. LEONARD D SOUZA S/O. DOROTHY S. D SOUZA AND ANTHONY A D SOUZA AGED 55 YEARS 6. SRI. ANNABELLE D SOUZA D/O. DOROTHY S. D SOUZA AND ANTHONY A D SOUZA AGED ABOUT 54 YEARS 7. SRI. GERALD D SOUZA D/O. DOROTHY S. D SOUZA AND ANTHONY A D SOUZA AGED ABOUT 53 YEARS RESPONDENTS NO.2 TO 7 ARE RESIDING AT B201, PURVA PARADISE, 3RD MAIN DOMLUR LAYOUT, BENGALURU - 560 071 8. SRI. RONALD LANCY D SOUZA @ RONY D SOUZA S/O. ROMAN D SOUZA AGED ABOUT 57 YEARS 9. SMT. CICILIA D SOUZA W/O. RONALD LANCY D SOUZA AGED ABOUT 55 YEARS 10. SRI. VALERIAN D' CUNHA S/O. LATE MARCELINE D' CUNHA AGED ABOUT 72 YEARS - 3 - HC-KAR NC: 2025:KHC:52569 CRP No. 916 of 2025 R8 TO R10 ARE RESIDING AT NEERMARGA VILLAGE, MANGALORE TALUK, D.K. DISTRICT 11. NEERMARGA PANCHAYATH NEERMARGA VILLAGE MANGALORE - 575 029 12. THE PDO NEERMARGA PACHAYATH, NEERMARGA MANGALORE - 575 029 …RESPONDENTS THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 17.09.2025 PASSED ON IA NO.4 IN OS NO.98/2024 ON THE FILE OF C/C 4TH ADDITIONAL CIVIL JUDGE AND JMFC COURT, MANGALORE., DISMISSING THE IAN O.1 FILED UNDER ORDER 7 RULE 6(c) OF CPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. None appears for the petitioner. 2. Office has raised objection with regard to the maintainability of the revision petition. - 4 - HC-KAR NC: 2025:KHC:52569 CRP No. 916 of 2025 3. Perused the impugned order. 4. Learned Trial Judge dismissed the application filed under Order VIII Rule 6(C) read with Section 151 of the Code of Civil Procedure vide I.A.No.4, which came to be rejected against which, the revision petition would not lie. 5. Accordingly, the revision petition is dismissed as not maintainable. 6. However, dismissal of the revision petition shall not come in the way of the petitioner exhausting the remedy before the appropriate forum in accordance with law. Sd/- (V SRISHANANDA) JUDGE SNC CT:SG List No.: 1 Sl No.: 14