- 1 - HC-KAR NC: 2025:KHC:40079 CRP No. 32 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 32 OF 2021 BETWEEN: 1. SRI L MANJUNATH SONOF LATE A C LAKSHMANAN MURTHY AGED ABOUT 39 YEARS 2. SRI L SURESH BABU SONOF LATE A C LAKSHMANA MURTHY AGED ABOUT 41 YEARS 3. SRI L UMAPATHI SONOF LATE A C LAKSHMANA MURTHY AGED ABOUT 37 YEARS 4. SRI L LOKESH BABU SON OF LATE A C LAKSHMANA MURTHY AGED ABOUT 44 YEARS ALL THE PETITIONERS ARE RESIDENTS OF CHANNASANDRA VILLAGE KYALANOOR POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT - 563 101. …PETITIONERS (BY SRI. MUJTABA H, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40079 CRP No. 32 of 2021 AND: 1. SMT. MUNIYAMMA D/O LATE PATEL ANJINAPPA AGED ABOUT 60 YEARS R/AT KOWDENAHALLI RAMAMURTHY NAGAR DOORAVANINAGAR POST BENGALURU - 560 016. 2. SMT. SHARADAMMA W/O LATE A C SIDDAPPA AGED ABOUT 64 YEARS 3. SMT. SHYAMALA S W/O LATE A C RAVIKUMAR AGED ABOUT 56 YEARS 4. MS. KALPANA D/O LATE A C RAVIKUMAR AGED ABOUT 34 YEARS 5. SMT. YASHODAMMA D/O LATE PATEL ANJINAPPA AGED ABOUT 70 YEARS RESPONDENTS 2 TO 5 ARE R/AT KOWDENAHALLI RAMAMURTHY NAGAR DOORAANINAGAR POST BENGALURU - 560 016 …RESPONDENTS (BY SRI. M PRABHAKAR, ADVOCATE FOR R1; SRI. MURALI N, ADVOCATE FOR R2; R5 IS SERVED AND UNREPRESENTED NOTICE TO R3 AND R4 IS HELD SUFFICIENT) - 3 - HC-KAR NC: 2025:KHC:40079 CRP No. 32 of 2021 THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 28.09.2020 PASSED ON PRELIMINARY ISSUES NO.4 AND 5 IN O.S..8908/15 ON THE FILE OF THE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65) BENGALURU CITY, ISSUES NO.4 AND 5 ARE ANSWERED IN NEGATIVE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER After addressing the arguments for some time, learned counsel for the revision petitioner has filed a memo. Memo reads as under: “The petitioner submit as follows: The petitioner submit that the above petition was filed against the order dated 28.09.2020 passed by the Hon’ble Trial Judge in O.S.No.8909/2015 by which the preliminary issues wit regard to res judicata and Court fee was answered in the negative. The petitioners submits that the petitioner may be permitted to withdraw the above petition reserving the liberty to the petitioners to agitate the preliminary issues and res judicata and court fee at the final hearing of the suit without being influenced by the observations made by the Hon’ble Trial Judge in the impugned order dated 28.09.2020. - 4 - HC-KAR NC: 2025:KHC:40079 CRP No. 32 of 2021 Wherefore, it is humbly prayed that this Hon’ble Court be pleased to dispose of the above petition as withdrawn with liberty to the petitioners as stated above in the interest of justice and equity.” Placing the memo on record, Civil Revision Petition is dismissed as withdrawn with liberty to urge the question of res judicata during the final hearing of the suit. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 39 CT: BHK