- 1 - HC-KAR NC: 2025:KHC:42146 RP No. 190 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REVIEW PETITION NO. 190 OF 2025 BETWEEN: 1. SRI PRAKYATH AGED ABOUT 37 YEARS, S/O. SRI. CHANDRASHEKAR, R/AT BHAKTHAMPURA, SRINGERI TALUK -577 139, CHIKKAMAGALURU DISTRICT. 2. SRI. PRABHATH, AGED ABOUT 34 YEARS, S/O. SRI. CHANDRASHEKAR, R/AT BHAKTHAMPURA, SRINGERI TALUK -577 139, CHIKKAMAGALURU DISTRICT. …PETITIONERS (BY SRI. VIGNESHWAR S SHASTRY, ADVOCATE FOR SRI. SUNIL NARAYAN NAIK., ADVOCATE) AND: 1. SRI G SATHISHA AGED ABOUT 61 YEARS, S/O. LATE S. GOPAL, R/AT GIRIGINI, HONNAVALLI POST, SRINGERI TALUK-577 139. CHIKKAMAGALURU DISTRICT. 2. SMT. ASHA, AGED ABOUT 63 YEARS, W/O. PURUSHOTHAMA, R/AT KANCHINAGARA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42146 RP No. 190 of 2025 SRINGERI TALUK-577 139, CHIKKAMAGALURU DISTRICT. …RESPONDENTS THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 OF CPC, PRAYING TO REVIEW/RECALL THE ORDER DATED 23.01.2023 IN RFA NO.1513/2015 (DEC/PAR) AND PROVIDE AN OPPORTUNITY TO THE PETITIONERS, BY PERMITTING THEM TO CONTEST THE MATTER ON MERITS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Vigneshwar S. Shastry, learned Senior Counsel representing the petitioner's counsel. 2. Present Review Petition is filed with the following prayer: Wherefore, it is respectfully prayed that this Hon'ble Court be pleased to Review/recall the order dated 23.01.2023 in R.F.A.No.1513/2015 (DEC/PAR) and provide an opportunity to the petitioners, by permitting them to contest the matter on merits, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:42146 RP No. 190 of 2025 3. Office has raised objections with regard to the maintainability of petition under Order XLVII of the Code of Civil Procedure. 4. A co-ordinate bench of this Court by Order dated 23.01.2023 accepted the compromise petition filed by the parties. It is a detailed order extracting the terms of the compromise petition as part of the Order. 5. After enquiring the parties to the compromise petition, learned judge presiding over the co-ordinate bench, recorded the satisfaction about the terms of the compromise and has clearly opined that it is lawful and accepted the compromise petition and appeal stood disposed off in terms of the compromise petition. 6. Present review petitioner being the party to the suit in the Trial Court were placed ex-parte and therefore, they have been kept out of the Compromise terms before this Court in the RFA No.1513/2015, which is also in accordance with law. - 4 - HC-KAR NC: 2025:KHC:42146 RP No. 190 of 2025 7. When the petitioners are not parties to the compromise petition, they were ex-parte before the Trial Court, they cannot question the lawfulness of the compromise entered into by the remaining parties to the suit. 8. If at all if the petitioners are affected by the compromise, remedy lies elsewhere for the petitioner. 9. With that observation, present review of petition is dismissed as not maintainable. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 10 ct:PS