- 1 - HC-KAR NC: 2025:KHC:43987 CRP No. 387 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 387 OF 2024 (IO) BETWEEN: 1. SMT PRAMODA DEVI WADIYAR WIFE OF LATE SRIKANTADATTA NARASIMHARAJA WADIYAR, AGED ABOUT 70 YEARS, RESIDING AT F-1, MYSORE PALACE THE PALACE MYSURU - 570 001 …PETITIONER (BY SRI. R.S. RAVI, SENIOR COUNSEL FOR SRI. RAJENDRA S., ADVOCATE) AND: 1. SRI CHADURANGA KANTHRAJ URS SON OF LATE K B RAMACHANDRARAJ URS AGED ABOUT 56 YEARS, RESIDING AT LEELA VIHAR 22/1 GOKULAM ROAD, JAYALAKSHMIPURAM MYSURU - 570 012 ALSO AT: GAYATHRI VIHAR BANGALORE PALACE ROAD RAMANA MAHARSHI ROAD, BENGALURU - 560 080 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43987 CRP No. 387 of 2024 2. SMT JAYA PALASHRI ANIL WIFE OF SRI ANIL ASHWATH, AGED ABOUT 39 YEARS, RESIDING AT NO.41, "CHAITANYA" LAGROVE VILLA KUNDALAHALLI POST, BENGALURU - 560 037 3. SRI M L VARCHUS VIN S S RAJE URS, SON OF LATE M R LAKSHMIKANTHARAJ URS AND LATE MEENAKSHI DEVI, AGED ABOUT 34 YEARS, RESIDING AT NO.56, DREAM MEADOWS KUNDALAHALLI POST, BENGALURU - 560 037 4. SMT KAMAKSHI DEVI WIFE OF ATHMANYA DEV AGED ABOUT 60 YEARS, RESIDING AT NO.164 CHAMUNDESHWARI KRUPA 5TH MAIN DEFENCE COLONY INDIRANAGAR BENGALURU - 560 038 5. SMT INDRAKSHI DEVI WIFE OF SRI R RAJACHANDRA AGED ABOUT 58 YEARS, RESIDING AT NO.241, 15TH MAIN RMV EXTENSION, BENGALURU - 560 080 6. SRI RUDRAPRATHAP SINGH SON OF LATE VISHALAKSHI DEVI, AGED ABOUT 38 YEARS, - 3 - HC-KAR NC: 2025:KHC:43987 CRP No. 387 of 2024 RESIDING AT SHREEYUM BANGALORE PALACE GROUNDS RAMANAMAHARSHI ROAD, BENGALURU - 560 080 7. SHRUTI KIRTI DEVI DAUGHTER OF LATE VISHALAKSHI DEVI, AGED ABOUT 32 YEARS, RESIDING AT SHREEYUM BANGALORE PALACE GROUNDS RAMANAMAHARSHI ROAD, BENGALURU - 560 080 8. SMT TRIPURASUNDARI DEVI WIFE OF SRI SWAROOP ANAND, AGED ABOUT 49 YEARS, RESIDING AT NO.17 PRESTIGE DORCHESTER BEHIND JAKKUR FLYING CLUB JAKKUR BENGALURU - 560 065 9. SMT DEEPAMALINI DEVI WIFE OF SRI JAIDEEP BHALE RAO, AGED ABOUT 47 YEARS, RESIDING AT NO.304, BRIGADE PARKWAY NO.2636, 2ND MAIN ROAD, V V MOHALLA MYSURU - 570 002 10. SMT KIRTI MALINI DEVI WIFE OF SRI SHAILESH VIKRAM SINGH, AGED ABOUT 45 YEARS, RESIDING AT NO.5 PRESTIGE DORCHESTER - 4 - HC-KAR NC: 2025:KHC:43987 CRP No. 387 of 2024 BEHIND JAKKUR FLYING CLUB JAKKUR BENGALURU - 560 065 …RESPONDENTS (BY SRI. SAMEER SHARMA, ADVOCATE FOR C/R1 SMT. NAYANA TARA B.G., ADVOCATE FOR R2 AND R3 R4 AND R5 AER SERVED AND UNREPRESENTED R8 SERVED SRI. ROHAN SUBAIAH, ADVOCATE FOR SMT. B.V. NIDHISHREE, ADVOCATE FOR R6 AND R7 SRI. SAMPATH ANAND SHETTY, ADVOCATE FOR R9 SMT. GEETHADEVI M. PAPANNA, ADVOCATE FOR R10) THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 11.09.2023 PASSED ON I.A.NO.12 IN OS.NO.25185/2015 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU (CCH-74) DISMISSING THE I.A.NO.12 FILED UNDER ORDER 7 RULE 11(d) READ WITH SECTION 151 OF CPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 5 - HC-KAR NC: 2025:KHC:43987 CRP No. 387 of 2024 ORAL ORDER 1. After addressing the argument for sometimes, Sri. R.S. Ravi, learned Senior counsel files a memo at the instructions of the briefing counsel. Memo reads as under: "The petitioner had challenged the order passed in IOA No.12 under Order 7 rule 11 in O.AS.No.25185/2015 passed on 11.09.2023 by filing the above CRP. The petitioner had filed another application in the said suit seeking review of the Order dated 11.09.2023, which also came to be dismissed on 06.04.2024. Since the Order passed on I.A.No.12 dated 11.09.2023 merges with the Order passed on review application dated 06.04.2024, the petitioner seeks permission of this Hon'ble Court to withdraw the above Civil Revision Petition by granting liberty to file appropriate writ petition challenging the orders dated 11.09.2023 and 06.04.2024 before this Hon'ble Court. Wherefore, the undersigned most respectfully prays that this Hon'ble Court may be pleased to permit the petitioner to withdraw the above petition with liberty to file separate writ petitions challenging the impugned order and order dated 06.04.2024, in the interest of justice and equity." - 6 - HC-KAR NC: 2025:KHC:43987 CRP No. 387 of 2024 2. Having noticed that Order on I.A.No.12 was sought to be reviewed before the Trial Court where under the Trial Court again considered the validity of the order on I.A. No.12 rejecting the application filed by the second defendant under Order VII Rule 11(d) read with Section 151 of the Code of Civil Procedure, on merits review petition also came to be dismissed. 3. In other words, the Order on I.A. No.12 merged with the dismissal of the review petition against which no Civil Revision Petition is maintainable. 4. Sri. R.S. Ravi however submitted that despite utilizing the opportunity of applying the review on I.A. No.12, petitioner can very well challenge the Order on I.A. No.12 in its originality. 5. Counsels for respondents however submit that Order on I.A. No.12 merged with the Order passed on the review application and therefore Civil revision Petition is not maintainable. - 7 - HC-KAR NC: 2025:KHC:43987 CRP No. 387 of 2024 6. Taking note of the above facts and circumstances of the case, since the order on review has merged with the Order on I.A. No.12 which is impugned in the present review and petition, with liberty for the petitioner to challenge the order on review on I.A. No.12 may be challenged in accordance with law before the appropriate forum. 7. With that observation, the following Order: ORDER Civil Revision Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE snc ct:SG List No.: 1 Sl No.: 33