- 1 - HC-KAR NC: 2025:KHC:49492 CRP No. 722 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 722 OF 2023 BETWEEN: SRI. V. MUNIYAPPA S/O. LATE VENKATASWAMI, AGED ABOUT 52 YEARS, OCC: BUSINESS, R/AT NO. 369, RAJAJINAGAR, VARTHUR HOBLI, BELLANDUR POST, NEAR NEW HORIZON COLLEGE, BENGALURU - 560 103. …PETITIONER (BY SRI. CHIKKANAGOUDAR L.S, ADVOCATE) AND: 1. SRI. RAJKUMAR S/O. LATE SHAMANNA, AGED ABOUT 50 YEARS, R/AT NO.13, 4TH CROSS, KHB COLONY, KUVEMPUNAGAR, KOLAR - 570 023. SINCE DEDEASED REPRESENTED BY HIS LRS 1(A). SMT. SUNANDA W/O LATE RAJKUMAR AGED ABOUT 47 YEARS 1(B). SMT. POOJITHA D/O LATE RAJKUMAR AGED ABOUT 27 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49492 CRP No. 722 of 2023 1(C). SRI. HARISHITHA S/O LATE RAJKUMAR AGED ABOUT 26 YEARS ALL ARE RESIDENT AT NO. 13TH CROSS, KHB COLONY, KUVEMPUNAGAR KOLAR - 563 101. 2. SRI. S. SRINIVAS S/O. LATE SHAMAPPA, AGED ABOUT 48 YEARS, R/AT NO. 13, 4TH CROSS, KHB COLONY, KUVEMPUNAGAR, KOLAR - 570 023. ALSO AT OFFICE OF CENTRAL EXCISE AND CUSTOMS, QUEENS ROAD, BANGALORE - 560 001. 3. SMT. DHANALAKSHMAMMA, D/O. LATE SHAMANNA, W/O. SRI. LAKSHMANNA, AGED ABOUT 59 YEARS, R/AT VEERABHADRASWAMI TEMPLE, KODIHALLI HAL MAIN ROAD, BANGALORE - 560 038. …RESPONDENTS (BY SRI. B. RAMESH, ADVOCATE FOR R1(A TO C), R2 AND R3) THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 04.09.2023 PASSED IN MISC.NO.1/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION FILED UNDER ORDER 9 RULE 13 OF CPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:49492 CRP No. 722 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Chikkanagoudar L. S., learned counsel for the revision petitioner and Sri.B.Ramesh, learned counsel for respondents. 2. Plaintiff is the revision petitioner challenging the impugned order passed in the Miscellaneous No.1/2016 whereby petition filed by defendants under Order IX Rule 13 came to be allowed though enquiry was limited only on the question of delay. 3. Learned counsel for the respondents fairly submits that what was argued before the learned Trial Judge in the miscellaneous proceedings is only on the question of delay. Therefore, suitable orders be passed. 4. To fortify the contention of the revision petitioner, this Court perused the material on record, meticulously. 5. On such perusal of the material on record, it is noticed that a memo was also filed before the learned Judge in the Miscellaneous proceedings that the parties have adduced - 4 - HC-KAR NC: 2025:KHC:49492 CRP No. 722 of 2023 the evidence only with regard to condonation of delay and arguments were also addressed only on the question of condonation of delay. 6. However, the learned Trial Judge without noticing the written memo, disposed of the main matter while passing the orders on application seeking condonation of delay. 7. Learned counsel for the revision petitioner has submitted that he is not challenging the order on condonation of delay but he is challenging the allowing of the petition in Misc. No.1/2016 without hearing the plaintiffs on the merits. 8. Therefore, following: ORDER i. Revision petition is allowed. ii. While maintaining the condonation of delay in the impugned order in Misc. No.1/2016, parties are directed to appear before the Miscellaneous Court to address the arguments on the main matter. - 5 - HC-KAR NC: 2025:KHC:49492 CRP No. 722 of 2023 iii. Parties are directed to be present before the Trial Court for further participation in the matter in accordance with law. iv. Parties are directed to be present before the Trial Court positively on 16.12.2025 and thereafter, learned Trial Judge shall permit the parties to lead evidence if any and thereafter, hear the arguments and pass appropriate orders in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 51