- 1 - HC-KAR NC: 2025:KHC:46079 RP No. 305 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REVIEW PETITION NO.305 OF 2023 IN CRP NO.276 OF 2023 BETWEEN: SMT. R. SUJATHA, W/O LATE KRISHNAPPA AGED ABOUT 52 YEARS, RESIDING AT NO.1473, 2ND MAIN ROAD, MANORAYUANAPALYA, BENGALURU-560032. …PETITIONER (BY SRI. ANJANEYA, ADVOCATE) AND: SMT. LAKSHMIKANTHAMMA, W/O. LAKSHMIPATHI, AGED ABOUT 50 YEARS, RESIDING AT NO.1473, 2ND MAIN ROAD, MANORAYUANAPALYA, R.T. NAGAR POST, BENGALURU-560 032. …RESPONDENT (BY SRI. S.R. SRINIVASA MURTHY, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF THE CPC, PRAYING TO REVIEW ITS JUDGMENT DATED 05.06.2023 PASSED IN CRP NO.276/2023 AND PASS THE APPROPRIATE ORDER IN THE FACTS AND Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46079 RP No. 305 of 2023 CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This review petition is filed on 03.07.2023 and after filing of this review petition in 2023, the learned counsel for the petitioner was absent on 06.10.2023. However, in the ends of justice, one more opportunity was given. On 12.10.2023, the learned counsel for the review petitioner sought time and hence ordered to list the matter after Dasara Vacation 2023. When the matter was listed on 07.11.2024, the learned counsel for the petitioner again sought time on the ground that he is going to give notice of retirement memo to the petitioner and hence this Court granted two weeks time. On 26.11.2024, the learned counsel for the review petitioner sought time to amend the review petition. Hence, two weeks time was granted on cost of Rs.5,000/- payable at the Registry. On 13.12.2024, the learned counsel made an application for amendment and sought time to pay the cost and hence, one week’s time was granted and ordered to list the matter immediately after Winter - 3 - HC-KAR NC: 2025:KHC:46079 RP No. 305 of 2023 Vacation 2024. When the matter was listed on 24.01.2025, learned counsel for the petitioner again sought time. On 01.02.2025, the learned counsel made the submission that he has paid the PF in the Registry and also filed an application for amendment of review petition, wherein prayer was sought to insert the grounds since in the earlier review petition not stated the grounds. Having considered the submission and for the reasons assigned in the application, the counsel was permitted to amend the review petition and file amended review petition within two weeks. On 17.02.2025, the learned counsel for the petitioner again sought time. On 27.02.2025, the learned counsel for the petitioner was directed to serve a copy of this petition on the counsel who represented on behalf of the respondent in CRP No.276/2023. On 12.03.2025, the learned counsel again sought time to serve the copy on the other side. On 21.03.2025, the learned counsel for the petitioner filed retirement memo, but not produced the postal acknowledgment and hence, learned counsel was directed to produce the acknowledgment on the next date of hearing. On 07.04.2025, the learned counsel for the petitioner filed a memo along with acknowledgment for having served the notice of retirement and - 4 - HC-KAR NC: 2025:KHC:46079 RP No. 305 of 2023 also produced the acknowledgement dated 24.03.2025, but the petitioner had not engaged any counsel. Hence, the learned counsel who appeared on behalf of the petitioner was permitted to retire from the case and the Registry was directed to show the name of the petitioner. An opportunity was given to the petitioner to engage the counsel and it was made clear that if the petitioner fails to engage the counsel, the petition will be dismissed on the next date of hearing and adjourned the matter to 22.04.2025. On 22.04.2025, the petitioner appeared in person and sought two weeks time to engage the counsel and hence, two weeks time was granted and ordered to list the matter after Summer Vacation 2025. On 16.06.2025, the petitioner who appears in person was present and again sought time to engage the counsel as she was suffering from ill-health and she could not engage the counsel. On 23.06.2025, the learned counsel Sri Anjaneya submits that he has filed fresh vakalath before the Registry and hence the Registry was directed to put up the same and show the name of the learned counsel in the cause list. On 07.07.2025, the learned counsel S.R. Srinivasa Murthy submits that he has received the copy of R.P.No.305/2023 and sought time to file vakalath. - 5 - HC-KAR NC: 2025:KHC:46079 RP No. 305 of 2023 2. On perusal of the order sheet, it clearly discloses that the petitioner is not pursuing the matter diligently even though the review petition is filed in the year 2023 and not assisted the Court. Even though the counsel is changed and engaged the new counsel, the present counsel is not ready to assist the Court and when this Court started to dictate the order considering all details of the earlier proceedings, at this juncture, the learned counsel for the petitioner seeks permission of this Court to withdraw the review petition. Hence, permitted to withdraw the petition on cost of Rs.10,000/- payable at the Registry within one week from today in view of abuse of process. If the cost is not paid within one week, list this matter on 20.11.2025. 3. Accordingly, the review petition is dismissed as withdrawn on cost of Rs.10,000/- payable at the Registry within one week from today. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 19