- 1 - HC-KAR NC: 2025:KHC:50030 CRP No. 381 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.381 OF 2024 (IO) BETWEEN: SRI RAJU N GOWDA S/O LATE SRI NANJAPPA K GOWDA AGED ABOUT 38 YEARS R/AT NO.144, PREMALAYA, 7TH CROSS ANJANADRI LAYOUT SHETTY HALLI, JALAHALLI WEST BENGALURU - 560 015 …PETITIONER (BY SRI VASUDEVAMURTHY N S, ADVOCATE) AND: 1. SRI MANJUNATH N GOWDA S/O LATE SRI. NANJAPPA K GOWDA AGED ABOUT 31 YEARS RA/T NO. 144, “PREMALAYA 7TH CROSS, ANJANADRI LAYOUT SHETTY HALLI, JALAHALLI WEST BENGALURU - 560 015 2. SMT. ROOPA GOWDA W/O SRI. CHIDAMBARA NAGARAJA D/O LATE SRI NANJAPPA K GOWDA AGED ABOUT 36 YEARS R/AT E2-702, REVELL ORCHID SOCIETY PORWAL ROAD, LOHEGAON PUNE 411047 3. SMT. PREMA N GOWDA W/O LATE SRI NANJAPPA K GOWDA AGED ABOUT 56 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50030 CRP No. 381 of 2024 R/AT NO. 144, “PREMALAYA 7TH CROSS, ANJANADRI LAYOUT SHETTY HALLI, JALAHALLI WEST BENGALURU 560 015 …RESPONDENTS (BY SRI Y.A.NAGARAJ, ADVOCATE FOR R1 TO R3) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 22.02.2024 PASSED ON IA No.13 IN O.S No.3334/2021 ON THE FILE OF XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY., REJECTING I.A No.13 FILED UNDER SECTION 152 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR ORDER TO AMEND/ RECTIFY ORDER DATED 05.08.2023 ON IA No.10. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Memo filed by the learned counsel for the revision petitioner along with supplementary memo with short notes. 2. Heard Sri Vasudeva Murthy N.S., learned counsel for the revision petitioner. None appears for the respondents. 3. Present Revision Petition is filed challenging the Order passed on I.A.No.13 dated 22.02.2024 under Section 152 read with Section 151 of the Code of Civil Procedure. - 3 - HC-KAR NC: 2025:KHC:50030 CRP No. 381 of 2024 4. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: A suit came to be filed in O.S No.3334/2021 on the file of the XLII Additional City Civil and Sessions Judge, Bengaluru, with the following prayer in respect of the following immovable properties hereinafter report as ‘suit properties’. PRAYER WHEREFORE, the Plaintiffs prays that this Hon'ble Court may be pleased to pass Judgment and Decree against the Defendant: a) Directing the defendant to effect partition of the suit schedule properties and put each plaintiffs in separate possession and enjoyment of their 1/4th share in the Suit Schedule properties. b) For payment of cost of this proceedings. c) And to pass such other relief or reliefs as this Court may deems fit to grant in the circumstances of this case, in the interest of justice and equity.” DESCRIPTION OF THE SUIT PROPERTIES Schedule 'A' Property All that piece and parcel of the property bearing No.144, "Premalaya", 7th Cross, Anjanadri Layout, Shetti Halli, Jalahalli West, Bangalore-560015, measuring East to west - 4 - HC-KAR NC: 2025:KHC:50030 CRP No. 381 of 2024 40 feet and North to South 30 feet, in all measuring 1200 sq.ft, comprising of ground and first floor (Duplex House) and terrace consisting of five bedroom, one kitchen, one hall, one pooja room and bounded on the East by: Site No.133 West by: 25 feet road North by: Site No. 143 South by:Site No. 145 Schedule 'B' Property All that piece and parcel of the property bearing Sy.No.72, situated at Amachahalli, Santebhachahalli, Krishanrajapet, Mandya District, measuring 2 acres (including 2 guntas of Kharab land). Schedule 'C' Property All that piece and parcel of the property bearing Sy.No. 46/4B-P2, situated at Hosahalli, Santebhachahalli, Krishanrajapet, Mandya District, measuring 6 guntas. Schedule D' Property All that piece and parcel of the property Sy.No.46/3, situated at Hosahalli, Santebhachahalli, Krishanrajapet, Mandya District, measuring 1 gunta and bounded on the East by Private Property West by: Private Property North by: Private Property South by: Private Property - 5 - HC-KAR NC: 2025:KHC:50030 CRP No. 381 of 2024 Schedule 'E' Property All that piece and parcel of the property bearing Sy. No. 46/4, situated at Hosahalli, Santebhachahalli, Krishanrajapet, Mandya District, measuring 5 guntas, and bounded on the East by: Property of Rajegowda West by: Private Property North by: Property of Savithramma South by: Property of Lakshmane Gowda” 5. In the suit, plaintiffs contended that the first plaintiff and defendant are the sons and plaintiff No.2 is the daughter and plaintiff No.3 is the wife of late Nanjappa K. Gowda, who died on 25.04.2021 leaving behind plaintiffs and defendant to succeed to his estate as class I heirs. When they demanded for the partition, it was denied and therefore suit came to be filed. 6. The revision petitioner being the defendant in the said suit, entered appearance and filed written statement denying the plaint averments and also filed an application under Order VII Rule 11 of the Code of Civil Procedure vide I.A. No.10 which came to be rejected by the Learned Trial Judge on contest by the Order dated 05.08.2023. - 6 - HC-KAR NC: 2025:KHC:50030 CRP No. 381 of 2024 7. Instead of challenging the said order, the defendant filed an application under Section 152 read with Section 151 of the Code of Civil Procedure stating that there are errors in the said order. 8. The only remedy available for the defendant was to either challenge the said order or get the said order reviewed. Instead he wanted correction by exercising power under Section 152 of the Code of Civil Procedure. 9. Section 152 of the Code of Civil Procedure reads as under: “152. Amendment of judgments, decrees or orders.—Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.” 10. So also Section 151 of the Code of Civil Procedure reads as under: 151. Saving of inherent powers of Court.—Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as - 7 - HC-KAR NC: 2025:KHC:50030 CRP No. 381 of 2024 may be necessary for the ends of justice or to prevent abuse of the process of the Court. 11. If the Trial Court has committed any error, the order was capable of reviewing or it should have been challenged before this Court and not to seek directions under Section 152 or under Section 151 of the Code of Civil Procedure, as it is a considered order and there was no arithmetical or clerical mistake. 12. Therefore, the learned Trial Judge was justified in dismissing the I.A No.13 filed under Section 152 of the Code of Civil Procedure. 13. Hence, no grounds to interfere with the said order. 14. Accordingly, the following: ORDER Civil Revision Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 58