- 1 - HC-KAR NC: 2025:KHC:52927 RP No. 521 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REVIEW PETITION NO. 521 OF 2024 IN R.S.A. NO.704/2018 (SP) BETWEEN: 1. SRI. B.V. MURTHY S/O VENKATEGOWDA AGED ABOUT 63 YEARS RESIDENCE OF MANJUNATHA NILAYA 3RD MAIN ROAD 9TH CROSS ROAD HEMAVATHI NAGARA HASSAN - 573 201. …PETITIONER (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) AND: 1. SRI. H. PARAMESH @ PRATAP S/O MUTHAPPA AGED ABOUT 52 YEARS RESIDING AT AREHALLI VILLAGE K. HOSKOTE HOBLI ALUR TALUK -73 213 HASSAN DISTRICT. …RESPONDENT (BY SRI. M. SHIVAPRAKASH & SRI. B.R.SRIDHAR, ADVOCATES) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52927 RP No. 521 of 2024 THIS REVIEW PETITION IS FILED UNDER SECTION 47 (1) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO REVIEW THE ORDER DATED 28.06.2024 PASSED BY THIS HON’BLE COURT IN RSA NO.704/2018(SP). THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER 1. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. This Court while passing an order on R.S.A.No.704/2018, taken note of in spite of opportunity is given to the appellant in R.S.A.No.704/2018, did not pay the cost of 2,000/- as imposed on 31.05.2024 and further cost of Rs.1,000/- on 14.06.2024 and even paper book is also not filed and when there was a cross-objection, this Court dismissed the R.S.A.No.704/2018 and considered the R.S.A.CROB.No.6/2018 and disposed of the R.S.A.No.704/2018 and R.S.A.CROB.No.6/2018. 3. Now, the review petition is filed before this Court contending that earlier counsel on record has returned the papers, but, he has not given Vakalath which - 3 - HC-KAR NC: 2025:KHC:52927 RP No. 521 of 2024 was sought by him. In the meanwhile, matter came up before this Court on 28.06.2024, after the retirement of the case from Sri.A.S.Mahesh who returned the file with no objection, certain papers pertaining to the matter was also not returned, the petitioner was unaware because of his age and certain age related ailments and the petitioner could not inform that cost is imposed and due to ill-health and non-appearance of the advocate when he retired from the case, consequence of which rendered dishonour, the petitioner has approached this Court by filing this review petition. 4. The counsel appearing for the respondent has filed statement of objections contending that review petition is not maintainable. In paragraph No.3, specifically stated with regard to imposing of costs and non payment of costs and reason assigned by this Court and also stated that even after filing of review petition also, the same was dismissed and no sufficient cause is shown for review the same. There is a deliberate - 4 - HC-KAR NC: 2025:KHC:52927 RP No. 521 of 2024 negligence and lack of diligence despite repeated indulgence shown by this Court by giving an opportunity, now, cannot make an allegation against the Court that Court has not given an opportunity and hence, cannot be entertain the review petition. 5. Having heard the petitioner’s counsel and also the counsel appearing for the respondent and also the reasons assigned in the application and in the review petition also not specifically pleaded on what date, file was returned to the appellant. Even the counsel on record before the Court also not filed any retirement memo to retire from the case on the ground that he has already returned the papers and this averment is against the material on record. In the order sheet also it doesn't discloses that the counsel on record filed any retirement memo stating that he has already returned the papers and also considering the reasons assigned in the application and also reasons assigned in the review petition, particularly in paragraph No.6, it is stated that he has got - 5 - HC-KAR NC: 2025:KHC:52927 RP No. 521 of 2024 a good case and substantial case and petitioner was not given an opportunity of being heard and this averment made in paragraph No.6 is against the material on record. This Court while disposing of R.S.A.No.704/2018, in the first page of the judgment itself made it clear that inspite of costs was imposed twice, the same was not paid and hence, while dismissing the same, very same reasons were assigned. Hence, the contention that no opportunity was given cannot be accepted. However, the counsel pointed out that second appeal is filed against the divergent finding and also the suit is filed for the relief of specific performance and having taken note of the said fact into consideration and the objection statement also very clear that inspite of opportunity is given, not utilized the opportunity. When such objection is raised and also considering the material on record, earlier cost was paid subsequent to the dismissal of the R.S.A.No.704/2018 on 30.07.2025 that is subsequent to the dismissal of the R.S.A. Subsequently, in review petition also, cost of - 6 - HC-KAR NC: 2025:KHC:52927 RP No. 521 of 2024 Rs.2,000/- was imposed and the said cost was paid on 29.10.2025. Subsequently, when the review petition is not pursued, once again cost of Rs.5,000/- was imposed and the same is also paid. Having taken note of all these factors into consideration and considering the grounds which have been urged, this Court felt that an opportunity has to be given and an opportunity which was given was not utilized by the counsel on record and also having considered the fact that no retirement memo was filed and even the averment made in paragraph No.6 also very clear that papers were returned even prior to the disposal of the case, but not made any effort to engage either any new counsel and only allegation is made that counsel has not given any Vakalath, but, no explanation with regard to how he has received the papers without the Vakalath from earlier advocate. Hence, review petition is allowed with cost of Rs.25,000/- payable at the High Court Legal Service Authority within two weeks from today. If cost is paid, then only the petitioner will enure the benefit of this - 7 - HC-KAR NC: 2025:KHC:52927 RP No. 521 of 2024 order and if cost is not paid, no modification in the earlier order passed by this Court in R.S.A.No.704/2018, and if cost is paid, list R.S.A.No.704/2018 on 12.01.2026. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 28