- 1 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 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. 589 OF 2025 (IO) BETWEEN: R. MRUTHYUNJAYA S/O RUDRAPPA M AGED ABOUT 60 YEARS, R/AT NO.3, 12TH F MAIN ROAD MUTHYALANAGAR, BANGALORE - 560 054 …PETITIONER (BY SRI. RAKESH B. BHATT, ADVOCATE) AND: 1. R. BHUVANESHWARI D/O RUDRAPPA M AGED ABOUT 64 YEARS, R/AT NO. 1014, 9TH MAIN ROAD, 9TH CROSS, WC ROAD, 2ND STAGE, MAHALAKSHMIPURAMA BENGALURU - 560 086. 2. R BHIMESH S/O RUDRAPPA M AGED ABOUT 58 YEARS R/AT NO. 619/N, 36TH CROSS, 2ND BLOCK, RAJAINAGAR BANGALORE - 560 010. 3. R. MALLIKARJUNA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 S/O RUDRAPPA M AGED ABOUT 56 YEARS R/AT NO. 619/N, 36TH CROSS, 2ND BLOCK, RAJAJINAGAR, BANGALORE - 560 010. 4. R SRINATH S/O RUDRAPPAM AGED ABOUT 52 YEARS R/AT NO. 619/N, 36TH CROSS, 2ND BLOCK, RAJAJINAGAR BANGALORE - 560 010 5. R NIRANJAN S/O RUDRAPPA M AGED ABOUT 52 YEARS R/AT NO. 619/N, 36TH CROSS, 2ND BLOCK, RAJAJINAGAR BANGALORE - 560 010 6. R ROOPSRI D/O RUDRAPPA M AGED ABOUT 47 YEARS R/AT 5TH CROSS, MARKET ROAD THAMMEGOWDA EXTENTION HOSAKOTE - 562 114 …RESPONDENTS THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 2.06.2025 PASSED ON IA NO.5 IN OS NO.1292/2023 ON THE FILE OF VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE IA - 3 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 NO.5 FILED UNDER ORDER 12 RULE 6 OF CPC., WITH RESPECT TO ITEM NO.1 OF A SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Rakesh S. Bhatt, learned counsel for the revision petitioner. 2. Plaintiff is the revision petitioner challenging the order passed by the learned Trial Judge on the application vide I.A.No.5 filed under Order XII Rule 6 of CPC insofar as rejection of the application with regard to item No.1 of the suit property. 3. Facts in brief which are utmost necessary for disposal of the revision petition are as under: 3.1. Plaintiff filed a suit in O.S.No.1292/2023 in respect of the following properties: - 4 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 ITEM NO.1 All that piece and parcel of the Property bearing No. 619 N, Municipal Old No.619N/23, 36th Cross 2nd Block, Rajajinanar, Bangalore, measuring East to West 30 feet, and North to South 50 feet, consisting of 3 Floor Building, and bounded on: EAST BY: Property No. 619 M WEST BY: Property No. 619 O; NORTH BY: Property No. 619 F; SOUTH BY: Road; ITEM NO.2 All that piece and parcel of agricultural land bearing Sy.11 of Channasandra Village, Vijayapura Hobli, Devanahalli Taluk measuring 4 Acre 16 Guntas excluding 2 Guntas Kharab and bounded on: East By: Private Property West By: Private Property North By: Road South By: Government Kharab ITEM NO.3 All that piece and parcel of the House property bearing Khata No. 11-50-57/1379/1127/536, near Someshwara temple street, Ward No. 6, Division No. 2, Vijayapura Town, Devanahalli Taluk and bounded on: East By: Road West By: Private Property North By: Road South By: Private Property - 5 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 ITEM NO. 4 All that piece and parcel of the Shon premises bearing Khata No.16-64.34/2397/1994/1372, near Someshwara temple street, Ward No.6, Division No.2, Vijayapura Town, Devanahalli Taluk measuring east to west 9.5 feet and North to south 20 feet and bounded on: East By: Private Property West By: Private Property North By : Road South By: Private Property SCHEDULE B Savings Bank account bearing No. 0411101081525 maintained CANARA Bank, Rajajinagar Branch, Bangalore. SCHEDULE C Silver Ornaments Sl.No. Particulars Weight(in grams) 1. One Big size Silver Dabu & One Small size Silver Dabu 253gms 2. Silver Huvina Butti 162gms 3. Silver Chombu 350gms 4. Two Sliver Kalasa 132gms 5. Silver Gandada Battalu, Silver Kumkum Dabbi, Kumkum Bharani, 4 silver Lota, Silver Kunkum Dabbi, Silver Arisholu, One Silver Haldi, One Sliver small Arisholu, One small silver Gitaki 400gms - 6 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 6. One small silver tatte, One big silver tatte. Silver Ududara, One small silver tatte 1000gms weight of Silver Total 2297gms Gold Ornaments Sl.No. Particulars Weight(in grams) 1. Gold Savran Sara 250gms 2. Gold Dabu 112gms 3. Gold Rasagundu and Tayita Sara (25 Gundu, 8 Tayita 85gms 4. Gold Nagamuri 132gms 5. Gold Nagar 18gms 6. Gold three line Chine 118gm 7. One pair of Gold Children's Kapu 7gms 8. One pair of Gold Golasu 72gms 9. One pair of Gold Kapu belongs to Chikka Akkayalahmma 30gms 10. Two pairs of Gold Bangles belongs to Akkayaiahmma 48gms 11. Gold Savaran Sara 5gms 12. One pair of Jade Kuchhu 125gms 13. One pair of White stone Bille 22gms 14. Necklace 65gms 15. Gold patti & Machhu 3gms 16. Two Stone Ungura & One Coin 7gms 17. Three Small Ungura 5gms 18. One Red stone Bille 18gms weight of Gold Total 1132gms - 7 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 Ornaments of late Smt. Akkayaimma W/o late M.Rudrappa which is not weighed Sl. No. Particulars 1. Mudigalu 2. One Gold Chine Padaka 3. Karimane Chine 4. Six Unguragalu 5. Venkataramana Chine 6. Two Ear Ring 7. Mangalya Chine (2 Coins 2 Karimani) 8. Chinnad Chine 9. Mugina Battu 10. Silver Bille 50gms 11. One pair of Ole 12. Two pairs of Gold Batu Koli Muttina Ole 13. Two pairs of Diamond Blue stone Ole 14. Kumkum Bharani 15. Gold Swastik Broch 16. Gold Chine 17. Three silver plates 18. Silver kalasad tatte 19. Small and Big Silvere Debu 20. Silver Nadu pati 21. Silver ududara 22. Three Silver Karadige 23. 6 Silver Lota 24. Silver Mukavada 25. Two Silver Deepastamba 26. Silver Karagada Mille 27. Two Silver Deepastamba 28. Silver Nangadeep 29. Silver Kumkum Barani 30. Silver Balakrishna 31. Silver Gods Idles 32. Silver Astalakshmi Chambu 33. Silver Kalasa, Silver Deepagalu 34. Silver Kashiyatremille - 8 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 35. Two Kumkum Barani 36. Two Agarbatti Stand 37. Eight Arishina Kumkum Barani 38. Small Silver Deepagalu 39. Silver Jage Kuchhu 40. Silver Gejje Tirupu 41. Silver Mukanattugalu 42. Gold Mugubottugalu 18 43. Silver Kalu chine and Kalu unguru 4 44. One pair Kalandige 45. Silver Tayita 46. Gold Minchu 16 47. Gold dabbi 48. Gold watch 49. Gold Kapu 2 50. Gold Rings 5 51. Gold Nagara tayita 52. Big Silver Coins 35, Small Silver Coin 29 53. Tutu Kasu 54. Silver Braselate 55. Lakshmi Coin 56. Gold Matli 57. Silver Huli Ugurina chine 58. Silver ring 59. Silver Kumkum Barani 4 small size 60. Silver Gejje chine 61. Gold Mugunattu 62. Gold Kasu 4 63. Silver Gilli, Deepa, 2 Aldi 64. Silver Gandada Barani 65. Gold coated silver Dabu 3.2. Upon receipt of the suit summons, defendant Nos.2 and 4 filed written statement. Thereafter, based on the contents of the written statement, an application under Order XII Rule 6 of CPC came to be filed by the - 9 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 plaintiff that suit is to be decreed based on the admission found in the written statement. 4. Learned Trial Judge after entertaining the objections of defendant Nos.2 and 4, allowed the application filed by the plaintiff vide IA.No.1 under Order XII Rule 6 of CPC in part and dismissed the application insofar as item No.1 of the suit property is concerned. 5. While so dismissing, learned Trial Judge has held in paragraph No.48 of the impugned order as under: “48. Whether the Defendants No.2 and 4 are able to prove such factual aspect/contention taken by them in the written statement is a matter to be ascertained in the trial and an adjudication is required with regard to such factual aspect/contention. Hence in my opinion the words and sentence relied by the Plaintiff as an admission for decreeing the suit even in respect of the Item No.1 of the suit “A” schedule property cannot be termed as an admission to draw the Decree U/o 12 Rule 6 of CPC. Hence in my opinion, the Point No.1 in respect of Item No.1 of the suit “A” schedule property is to be answered in the Negative.” 6. Being aggrieved by the same, plaintiff is before this Court, in this revision petition. - 10 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 7. Learned counsel for the revision petitioner contended that approach of the Trial Court in rejecting the application and non-decreeing the suit of the plaintiff based on the admission of the contesting defendants in paragraph No.11 of their written statement has resulted in miscarriage of justice and sought for allowing the revision petition. 8. Having heard the arguments of learned counsel for the revision petitioner, this Court bestowed its best attention to the relevant aspects of the matter including paragraph No.11 of the impugned judgment. 9. With regard to item No.1 of the suit property, there is a dispute and the alleged admission is not unequivocal admission as is contemplated under Order XII Rule 6 of CPC. Therefore, rejection of the application insofar as item No.1 of the suit property needs no interference having regard to the limited scope of revisional jurisdiction. - 11 - HC-KAR NC: 2025:KHC:40078 CRP No. 589 of 2025 10. Accordingly, the following: ORDER Revision petition is dismissed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 54 CT: BHK