- 1 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REVIEW PETITION NO.100163 OF 2024 BETWEEN: 1. MR. ASHOK S/O. SHANKARRAO CHOUGALE AGE: 72 YEARS, OCCUPATION: BUSINESS, R/O. H. NO. 4045, KAMGARA CHOWK, NEAR RENUKA MANDIR, TAL: NIPPANI, DIST: BELAGAVI-591237. 2. MR. ROHIT S/O. ASHOK CHOUGALE AGE: 37 YEARS, OCCUPATION: BUSINESS, R/O. H. NO. 4045, KAMGARA CHOWK, NEAR RENUKA MANDIR, TAL: NIPPANI, DIST: BELAGAVI-591237. 3. MR. SUNIL SHIVAJI KHANDEKAR AGE: 52 YEARS, OCCUPATION: BUSINESS, ST COLONY, PRAGATI NAGAR NIPPANI – 591237. 4. MR. ANIL SHIVAJI KHANDEKAR AGE: 48 YEARS, OCCUPATION: BUSINESS, ST COLONY, PRAGATI NAGAR, NIPPANI – 591237. 5. MR. MOHANLAL POONAMCHAND SHAH AGE: 75 YEARS, OCCUPATION: BUSINESS, NEAR SOLAPUR CLOTH SHOP, ASHOK NAGAR, NIPPANI–591237. MR. DILIP S/O. BILIYANNA VADER SINCE DECEASED BY HIS LR’S 6. VEENA W/O DILIP VADER AGE: 45 YEARS, OCC: HOUSEWIFE, R/O. P. NO. 3093, 1ST FLOOR, RAMTEERTH NAGAR, BELAGAVI – 590016 …PETITIONERS (BY SRI. PRASHANT F.GOUDAR, ADVOCATE) Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.02 13:11:29 +0530 - 2 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 AND: 1. SMT. INDIRABAI BABURAO SURYAVANSHI AGE: 75 YEARS, OCC: HOUSEHOLD WORK, R/O. 177/15 POWAN COLONY, PACHGAON, KOLHAPUR- 416013. AJIT BABURAO SURYAVANSHI SINCE DECEASED BY HIS LRS (RESPONDENT NO’S 2 TO 4) 2. SMT. SAROJ W/O. AJIT SURYAVANSHI, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O.. NO 104, 1ST FLOOR, VISHWESHAR HEIGHTS, NEAR VIDYUT CONTROL ROAD, NDA ROAD, SHIVANE, PUNE-412 023. 3. ABHISHEK S/O. AJIT SURYAVANSHI, AGE: 34 YEARS, OCC: SERVICE, R/O.. NO 104, 1ST FLOOR, VISHWESHAR HEIGHTS, NEAR VIDYUT CONTROL ROAD, NDA ROAD, SHIVANE, PUNE-412 023. 4. SMT. RAHI W/O NARENDRA JADHAV, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O.. NO 113/E, BEHIND STAR TOWER, ANUSHREE, SHAHUPURI PACH BANGALA, KAVIR, KOLHAPUR-416 001. 5. DILIP BABURAO SURYAVANSHI AGE: 57 YEARS, OCC: SERVICE, R/O. 1518, MALI GALLI, "A' WARD, SHIVAJI PETH, KOLHAPUR -416115. 6. SUNIL BABURAO SURYAVANSHI AGE: 52 YEARS, OCC: SERVICE, R/O. 235, HANUMAN NAGAR, NEAR ITI, PACHAGAON ROAD, KOLHAPUR–416013. 7. RAJENDRA BABURAO SURYAVANSHI AGE: 50 YEARS, OCC: SERVICE, R/O. 780/8, ABILINNA COLONY, PACHAGAON ROAD, KOLHAPUR-416013. 8. SANJAY BABURAO SURYAVANSHI - 3 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 AGE: 47 YEARS, R/O.. 177/15, POWAR COLONY, PACHGAON ROAD, KOLHAPUR-416013 VASANTH BHIMARAO SURYAVANSHI SINCE DECEASED BY HIS LRS (RESPONDENT NO’S 9 TO 12) 9. ABHAY S/O. VASANTH BHIMARAO SURYAVANSHI, AGE: 54 YEARS, OCC: SERVICE, R/O. 1353, 'D' WARD, PLOT NO 2, YASHODA VISHWAS COLONY, LAKSHATEERTH, KOLHAPUR -416010. 10. PRADEEP S/O. VASANTH BHIMARAO SURYAVANSHI, AGE: 49 YEARS, OCC: SERVICE, R/O. YOGESHWARI APARTMENTS, NEAR PADMAVATI TEMPLE, KOLHAPUR-416012. 11. SMT. SAVITA W/O. PRABHAKAR JADHAV, AGE: 56 YEARS, MANGALWAR PETH, 8TH LANE, NO 300, ICHALKARANJI, TAL: HATHKANALGALE, DIST: KOLHAPUR-416109. 12. SMT. ANURADHA W/O. ANIL PATIL, AGE: 51 YEARS, R/O. KUNDALAPUR, TAL: KAVATHE MAHONKAL, DIST: SANGLI – 416405. MADHUKAR BHIMARAO SURYAVANSHI SINCE DECEASED BY HIS LRS (RESPONDENT NO’S 13 TO 16) 13. SMT. SAROJ W/O MADHUKAR SURYAVANSHI, AGE: 86 YEARS, OCC: HOUSEHOLD, R/O. NO. 124, SALOKHE NAGAR, KALAMBA ROAD, NEAR DATTA MANDIR, KALAMBA, KOLHAPUR-416 004. 14. KIRAN S/O. MADHUKAR SURYAVANSHI, AGE: 54 YEARS, OCC: SERVICE, R/O. NO 124, SALOKHE NAGAR, KALAMBA ROAD, NEAR DATTA MANDIR, KALAMBA, KOLHAPUR-416 004. - 4 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 15. ARUN S/O. SURYAVANSHI MADHUKAR, AGE: 52 YEARS, OCC: SERVICE, R/O. NO 124, SALOKHE NAGAR, KALAMBA ROAD, NEAR DATTA MANDIR, KALAMBA, KOLHAPUR-416 004. 16. SMT. NAMRATA W/O. RAJENDRA BHOSALE, AGE: 51 YEARS, OCC: SERVICE, R/O. KHATAV, TAL: KHATAV, DIST: SATARA- 415505. SHAMARAO BHIMARAO SURYAVANSHI SINCE DECEASED BY HIS LRS (RESPONDENTS NO’S 17 TO 25) 17. SUHAS @ BALASAHEB S/O. SHYAMARAO SURYAVANSHI, AGE: 54 YEARS, OCC: BUSINESS, R/O. SHINTRE COLONY, NIPANI TAL: CHIKODI, DIST: BELAGAVI-591 237. 18. SMT. GEETA W/O SHIVAJIRAO JADHAV, AGE: 53 YEARS OCC: HOUSEHOLD WORK, R/O. SURESH NAGAR, DAVANAGERE, DIST: DAVANAGERE – 577001. 19. SMT. RENUKA W/O NANDAKISHORE SURYAVANSHI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK R/O. SURESH NAGAR, DAVANAGERE, DIST: DAVANAGERE – 577001. 20. VIJAY S/O. NANDAKISHORE SURYAVANSHI, AGE: 33 YEARS, OCC: BUSINESS, R/O. SURESH NAGAR, DAVANAGERE, DIST: DAVANAGERE – 577001. 21. RAJU S/O. NANDAKISHORE SURYAVANSHI, AGE: 31 YEARS, OCC: BUSINESS, R/O. SURESH NAGAR, DAVANAGERE, DIST: DAVANAGERE – 577001. 22. KIRAN S/O. NANDAKISHORE SURYAVANSHI, AGE: 28 YEARS, OCC:BUSINESS, R/O. SURESH NAGAR, DAVANAGERE, DIST: DAVANAGERE – 577001. - 5 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 23. SMT. SUJATA W/O SATISH SURYAVANSHI, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. SHINTRE COLONY, NIPANI TAL: CHIKODI, DIST: BELAGAVI 591 237. 24. SUYOG S/O. SATISH SURYAVANSHI, AGE: 28 YEARS, OCC: SERVICE, R/O. SHINTRE COLONY, NIPANI TAL: CHIKODI, DIST: BELAGAVI -591 237. 25. SUMEET S/O. SATISH SURYAVANSHI, AGE: 26 YEARS, OCC: SERVICE, R/O. SHINTRE COLONY, NIPANI TAL: CHIKODI, DIST: BELAGAVI -591 237 SRI. BAPU BHIMARAO SURYAVANSHI SINCE DECEASED BY HIS LRS (RESPONDENT NO’S 26 TO 28) 26. SHRI. SHIRISH S/O. BAPU SURYAVANSHI, AGE: 44 YEARS, OCC: SERVICE, R/O. SHINTRE COLONY, NIPANI TAL: CHIKODI DIST: BELAGAVI -591 237. 27. SMT. VAISHALI W/O RAJENDRA AJAREKAR, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O. NO 2/659, SHAHAPUR, SAINAGAR, ICHALKARANJI TAL: HATHKANAGALE, DIST: KOLHAPUR-416109. 28. SMT. JYOTI W/O PANDIT MAGADUM, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. SHINTRE COLONY, NIPANI TAL: CHIKODI, DIST: BELAGAVI -591 237. 29. SRI. VISHNU BHIMARAO SURYAVANSHI, AGE: 68 YEARS, OCC: RETIRED DRIVER, R/O. NO 6, DATTA COLONY, NEAR DEEP SEVAK SOCIETY, GADIGL PLOT NO.24/1, KOLHAPUR -416013. 30. SRI. MANOHAR BHIMARAO SURYAVANSHI, AGE: 72 YEARS, OCC: RETIRED TEACHER, R/O. 20B, DATT COLONY, LANE NO 2, PACHGAR, TALUK KARVIR, KOLHAPUR-416013 - 6 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 SMT. JANAKIBAI SEETARAM PATANKAR, SINCE DECEASED BY HER LRS (RESPONDENT NO’S 31 TO 37) PRAKASH S/O. SEETAKANT PATANKAR, SINCE DECEASED BY HIS LRS (RESPONDENTS NO’S 31 TO 37) 31. INDRAJEET S/O. PRAKASH PATANKAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. NO 3433, PATANKAR GALLI, NIPANI, DIST: BELAGAVI 591 237. 32. ABHIJEET S/O. PRAKASH PATANKAR, AGE: 46 YEARS, OCC: SERVICE, R/O. A-503, SAI DATTA NIVAS, SY. NO. 5/5/4, AMBEGAON KHURD, NEAR TELCO COLONY, PUNE-411 046. 33. SMT. MAITHILI W/O AJIT KONDEDESHMUKH, AGE: 44 YEARS, OCC: HOUSEWIFE, R/O.. 754 FLAT NO. 1, KONDE NIVAS, NEHRU CHOWK, SHUKRAWAR PETH, PUNE-411 002. 34. ROHIT S/O. PRAKASH PATANKAR, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. NO. 3433, PATANKAR GALLI, NIPANI DIST: BELAGAVI -591 237. 35. SMT. MANDAKINI W/O CHANDRAKANT PAWAR, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O. NO. 15/1F, JOTIBA NILAY, MAHISHI COMPOUND, TRAINING COLLEGE ROAD, DHARWAD- 580008. 36. SMT. SUSHMITA W/O SUBHASH DALAVI, AGE: 60 YEARS, OCE: HOUSEHOLD WORK, R/O. NO 185/1A, JAYAKAR BUILDING, MANGALWEDI, MAHIM BAZAR, CADLE ROAD, MUMBAI - 400 016. 37. SMT. VIDYA W/O PARASHURAM MANDALIK, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. FLAT NO G-1, BUILDING NO. A-4, PLANET MILLENIUM, PIMPLE SAVADAGAR, PUNE-411 027 - 7 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 SMT. INDUMATI JAYASHIMRAO PATANKAR, SINCE DECEASED BY HER LRS (RESPONDENT NO’S 38 TO 47) 38. SMT. VIJAYAMALA W/O. KRISHNAKANT BALE, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O. NO. 168, ‘YASHASWINI', SALOKHENAGAR, KOLHAPUR – 416008. 39. VILAS JAYASINGHRAO PATANKAR, AGE: 66 YEARS, OCC: PENSIONER, R/O. KARADAGA, TAL: CHIKODI, DIST: BELGAUM – 591201. 40. ANIL S/O. JAYASINGHRAO PATANKAR, AGE: 63 YEARS, OCC: BUSINESS, R/O. BEHIND GANDHI HOSPITAL, NIPANI, TAL: CHIKODI, DIST: BELGAUM -591201. 41. PRADIP S/O. JAYASINGHRAO PATANKAR, AGE: 57 YEARS, OCC: BUSINESS, R/O. PATANKAR GALLI, NIPANI, TAL: CHIKODI, DIST: BELGAUM 591201 SINCE DECEASED BY HIS LRS. 42. AKSHAY S/O. PRADIP PATANKAR, AGE: 34 YEARS, OCC: SERVICE, R/O. NO 3747/9, BIRDEV NAGAR, NEAR M. G. M. HOSPITAL, WARD NO.25, NIPPANI, DIST: BELAGAVI - 591 237. 43. SMT. SHASHIKALA W/O PRADIP PATANKAR, AGE: 34 YEARS OCC: HOUSEWIFE, R/O. NO. 3747/9, BIRDEV NAGAR, NEAR M. G. M. HOSPITAL, WARD NO 25, NIPPANI, DIST: BELAGAVI - 591 237. 44. MRS MONIKA W/O SANJAY NAGAONKAR, AGE: 43 YEARS, OCC: HOUSEWIFE, R/O. NO 4668, 6TH GALLI, SHIVAJI NAGAR, VTC: NIPPANI (RURAL), DIST: BELAGAVI - 591 237. - 8 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 45. MRS DEEPALI W/O. SANJAY BASARGE, AGE: 40 YEARS, OCE: HOUSEWIFE R/O. NO. AMBILI KATTI, KAGAL DIST: KOLHAPUR - 416 216. 46. MRS. AMRUTA W/O HEMANT SHINDE, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O. NO. H. NO. 594, KAGALE MAL, GOKUL SHIRGAON, MIDC, KARVIR, KOLHAPUR -416 234. 47. SMT. SHAILAJA W/O PADMAKAR YADAV, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O. 24TH, SHIVAJI HOUSING SOCIETY, PUNE, MAHARASHTRA STATE – 411016. SMT. ARUNA HOMBIRRAO GHATAGE, SINCE DECEASED BY HER LRS (RESPONDENT NO’S 48 TO 53) 48. UDAY S/O. HAMBIRAO GHATAGE, AGE: 67 YEARS, OCC: RETIRED, R/O. NO. 201, INDU APARTMENT, PAYMAL VASAHAT, RAJARAMPURI, KOLHAPUR-416 008. 49. RAVINDRA S/O. HAMBIRAO GHATAGE, AGE: 63 YEARS, OCC: RETIRED, R/O. NO. 1014/12, A WARD, SAI COLONY, APTE NAGAR, KOLHAPUR 416 012. 50. RAJENDRA S/O. HAMBIRAO GHATAGE, AGE: 61 YEARS, OCC: RETIRED, R/O. NAVI PATH, RADHNAGARI, KOLHAPUR-416 212. 51. SANJAY S/O. HAMBIRAO GHATAGE, AGE: 52 YEARS, OCE: AGRICULTURE, R/O. NO. 10, TARABAI MAIN ROAD, MUKTA SAINIK VASAHAT, GURU MARKET YARD, KOLHAPUR -416 005. 52. SMT. BHARATI W/O DILIP SAWANT, AGE: 60 YEARS, OCE: HOUSEHOLD, R/O. NO. 10, NEAR SURAJ HONDA SERVICE, KARAVIR, KOLHAPUR 416 005. - 9 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 53. SMT. JAYASHRI W/O BALASO PATIL, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O. ‘TULASI DARSHAN', DHAMOD, KOLHAPUR 416 211 SMT. SHANTA W/O MADHAVARAO MULIK, SINCE DECEASED BY HER LRS (RESPONDENT NO’S 54 TO 57) 54. SMT. MANGAL W/O GANAPATRAO INDULKAR, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. PRATIBHA NAGAR, WALI HOUSE, PLOT NO. 10, NALAWADE COLONY, KOLHAPUR-416 008. 55. SMT. MEENA W/O RAMARAO CHAVAN, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. 'BHAGAV VIHAR', NARAYAN BAGI, TOLA NAKA, OPP. DNYANADEV SCHOOL, VADAGAV BUDRUK, PLOT NO 4, PUNE-410 244 RAMARAO. 56. SMT. SHEELA W/O EKNATH BHALERAO, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR PANDURANG HOTEL, SANE GURUJI VASAHAT, KOLHAPUR-416 009. 57. SMT. KANCHAN W/O VASANTRAO PATIL, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR LAXMI TEMPLE, KOGNOLI, TAL: CHIKODI, DIST: BELAGAVI- 591201. 58. SHRI CHOLU MADHAVARAO MULIK, AGE: 25 YEARS, OCC: SERVICE, R/O. NARAKE CHAL, SHIVAJI PETH, KOLHAPUR 416 012 ALSO ONE OF THE LRS OF RESPONDENT -1 SMT. SHANTA W/O YESHWANT MULIK, SINCE DECEASED BY HER LRS (RESPONDENT NO’S 59 TO 60) 59. SMT. JAYASHRI W/O SAHADEV PATIL, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, - 10 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 R/O. SANE GURUJI VASAHAT, RAJYOPADHYA NAGAR, KOLHAPUR – 416011. 60. SMT. ALKA W/O HARISH PATIL, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. PACHATIKATI, TAL: HATHKANAGALE, DIST: KOLHAPUR – 416109. 61. SHRI RAJU YESHWANT MULIK, AGE: 23 YEARS, OCC: TRADE, R/O. HATAKANAGALA, TAL: HATAKANAGALA, DIST: KOLHAPUR - 415 109. SHRI BALASAHEB DATTATRAYA MULIK, SINCE DECEASED BY HIS LRS (RESPONDENT NO. 62) 62. SMT. SHARADA W/O BALASAHEB MULIK, AGE: 55YEARS, OCC: HOUSEHOLD WORK, R/O. DATTA GALLI, NIPANI, TAL: CHIKODI, DIST: BELAGAVI - 591 237. 63. SHRI VISHNU DATTATRAYA MULIK, AGE: 35 YEARS, OCC: SERVICE, R/O. DATTA GALLI, NIPANI TAL: CHIKODI, DIST: BELAGAVI - 591 237. 64. SHRI SUBBASH DATTATRAYA MULIK, AGE: 30 YEARS, OCC: TRADE, R/O. DATTA GALLI, NIPPANI TALUK CHIKODI, DIST: BELAGAVI - 591 237. SHRI PRABAKAR DATTATRAYA MULIK, SINCE DECEASED BY HIS LRS (RESPONDENT NO’S 65 TO 68) 65. SMT. HEMALATA W/O PRABHAKAR MULIK, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. DATTA GALLI, NIPPANI TAL: CHIKODI, DIST: BELAGAVI - 591 237. 66. SHRI MAHESH S/O. PRABHAKAR MULIK, AGE: 26 YEARS, R/O. DATTA GALLI, NIPPANI TAL: CHIKODI, DIST: BELAGAVI - 591 237. 67. MISS. MANISHA D/O PRABHAKAR MULIK, - 11 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 AGE: 24 YEARS, R/O. DATTA GALLI, NIPPANI TAL: CHIKODI, DIST: BELAGAVI - 591 237. 68. NILESH S/O. PRABHAKAR MULIK, AGE: 20 YEARS, OCC: STUDENT, R/O. DATTA GALLI, NIPPANI, TAL: CHIKODI, DIST: BELAGAVI - 591 237. 69. SHRI RAMESH DATTATRAYA MULIK, AGE: 25 YEARS, OCC: TRADE, R/O. DATTA GALLI, NIPPANI TAL: CHIKODI, DIST: BELAGAVI - 591 237. 70. SMT. KAPLANA ANANDRAO JADHAV, OCC: HOUSEHOLD WORK, R/O. WARD NO 9, H. NO. 325, PLOT NO.6, SAHAKAR NAGAR, ICHALAKARNJI, DIST: KOLHAPUR -416 115. …RESPONDENTS (BY SRI. RAVI S.BALIKAI, ADVOCATE FOR R31 TO 34, R42 TO R46; SRI. K.ANANDKUMAR, ADVOCATE FOR R10 (R10 GPA HOLDER OF R2, R3, R4, R20, R26, R27, R28, R48, R49, R50, R51, R52, R53); SRI. K.ANANDKUMAR, ADVOCATE FOR R5 TO R7, R9, R11, R12, R14 TO R16, R17 TO R19, R22 TO R25, R29, R30, R38 TO R40, R47; SRI. ANAND ASTEKAR, ADVOCATE FOR R59, R60, R63 (R63 GPA HOLDER OF R54 TO R58, R61, R62, R64 TO R70)) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 17.08.2022 PASSED IN CRP NO. 1644/2003 IN THE INTEREST OF JUSTICE AND ETC. THIS REVIEW PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 12 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 ORAL ORDER The present review petitioners are seeking review of the order passed by this court in CRP No.1644/2003 on the ground that before this court set aside the ex-parte decree rendered by the court of first instance in O.S.No.55/1975 dated 18.10.1976. The review petitioners herein are tracing title based on a sale deed obtained by the legal heirs of the original plaintiff in O.S.No.55/1975 on 06.05.2015. 2. Learned counsel for the review petitioners reiterating the grounds urged in the review petition vehemently argued and placed reliance on the following judgments. i) UNION OF INDIA VS NARESHKUMAR BADRIKUMAR JAGAD reported in (2019) 18 SCC 586; and ii) RAM CHANDRA SINGH VS SAVITRI DEVI AND OTHERS reported in (2004) 12 SCC 713. - 13 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 3. Per contra, learned counsel appearing for the contesting respondents has brought to the notice of this court that the order which is now sought to be reviewed was assailed by the legal heirs of the original plaintiff before the Hon’ble Apex Court in SLP Diary No.36439/2022. Therefore, he would contend that in the light of the dismissal of the SLP, the order of this court merges with the order passed by the Hon’ble Apex Court, and the review petitioners who are tracing title through the original plaintiff have no locus to seek review of the order passed in CRP.No.1644/2003. 4. Learned counsel for the respondents would point out that the order now sought to be reviewed is after two years and therefore, even on the ground of delay, the order under review cannot be entertained at the instance of the review petitioners. He would point out that for all practical purpose, the review petitioners are pendente lite purchasers. - 14 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 5. Upon a meticulous examination of the grounds raised in the review petition, as well as the findings recorded by this Court while setting aside the ex-parte decree and remitting the matter for fresh consideration to the trial court, this Court is of the considered opinion that the review petitioners, who have purchased the suit property in the year 2015, cannot maintain the present review petition. 6. A closer scrutiny of the records reveals that C.R.P. No. 1644 of 2003 was dismissed for non- prosecution through a peremptory order dated 16.06.2004. However, this order was subsequently recalled by this Court by order dated 22.09.2017. During the intervening period, the legal heirs of the original plaintiff, who had earlier obtained an ex-parte decree in a suit for specific performance, had alienated the suit schedule property in favour of the present review petitioners by executing a registered sale deed dated 06.05.2015. - 15 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 7. In light of the remand of the matter to the trial court, and considering that the review petitioners have been permitted to come on record and contest the suit, this Court finds no justification to exercise its discretion in favour of the review petitioners. Additionally, in view of the dismissal of the Special Leave Petition (SLP) affirming the order passed by this Court, no indulgence is warranted. Even otherwise, the grounds urged in the present review petition do not satisfy the requirements laid down under Order XLVII Rule 1 of the Code of Civil Procedure, 1908. Thus, on this ground also, the review petition deserves to be dismissed. 8. It is pertinent to note that the dismissal of C.R.P. No. 1644 of 2003 was for non-prosecution and not on merits. The review petitioners, having purchased the suit property during the pendency of the litigation, did so at their own risk. They were well aware, or at least ought to have been aware, of the possibility that the defendants could seek revival of the peremptory order dated - 16 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 16.06.2004. As events unfolded, the defendants indeed sought such revival, and this Court, in the exercise of its discretionary jurisdiction, recalled the said peremptory order by its order dated 22.09.2017. It is crucial to note that the order dated 22.09.2017 has neither been challenged by the legal heirs of the original plaintiff nor by the present review petitioners. 9. An important aspect which deserves emphasis is the revival of the interim order dated 19.11.2018. The revival of the interim order granted earlier, by virtue of the subsequent order, necessarily implies that the interim protection granted originally stood restored to its initial status as of the date when the civil revision petition was entertained at the stage of admission. 10. In the considered opinion of this Court, the bona fides of the review petitioners cannot be examined within the scope of the present review petition. The setting aside of the ex-parte decree in the suit for specific performance fundamentally alters the status of the - 17 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 parties, thereby relegating all rights and claims to be adjudicated afresh in the pending suit. As a consequence, any right, title, or interest that the review petitioners may assert over the suit schedule property is necessarily contingent upon the final adjudication and outcome of the pending suit. Until such adjudication is rendered by the trial court, the rights, if any, of the review petitioners remain uncrystallized and cannot be determined or recognized in the present proceedings. Thus, this Court refrains from examining the merits or the bona fides of the review petitioners' claims at this stage. 11. Taking into account all the aforementioned material facts and circumstances, this Court finds no merit in the review petition. Accordingly, the review petition is dismissed. 12. However, it is clarified that the dismissal of the review petition shall not preclude the review petitioners from working out any equitable rights, if any, which they may have against the legal heirs of the original plaintiff, - 18 - NC: 2025:KHC-D:6935 RP No. 100163 of 2024 who are seeking enforcement of the contract in the pending suit. All contentions in that regard are left open to be agitated appropriately in the pending proceedings. 13. It is further made clear that any observations or remarks made by this Court in the course of this order shall be construed as being confined solely to the adjudication of the present review petition and shall not prejudice or influence the trial court while adjudicating the matter on merits. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE MBS Ct:VH List No.: 1 Sl No.: 3