- 1 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO. 76 OF 2023 BETWEEN: SRI. SRINIVASA, S/O LATE CHIKKATHIMMAIAH, AGED ABOUT 49 YEARS, R/AT BETTANAPALYA VILLAGE, RAMOHALLI POST, KENGERI HOBLI, BENGALURU SOUTH TALUK - 560 074. …PETITIONER (BY SRI. D.L.JAGADEESH, SENIOR COUNSEL FO1R SMT.RAKSHITHA D.J., ADVOCATE) AND: 1. SRI. P.V. JOHNY, SON OF LATE VARGHESE MATHAI, AGED ABOUT 78 YEARS, RESIDING AT NO.74/E, 17TH A CROSS, 4TH STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BANGALORE - 560 079. 1.(a) SRI SAJJAN JOHNY, S/O SRI. P.V.JOHNY, AGED ABOUT 52 YEARS, 1.(b) SRI. SAJANI JOHNY, D/O SRI. P.V.JOHNY, AGED ABOUT 47 YEARS, BOTH ARE R/AT No.74/E, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 17TH 'A' CROSS, 4TH STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BENGALURU - 560 079. (VIDE COURT ORDER DATED 20.02.2026, RESPONDENT 2(a) AND 2(b) ARE ALSO THE LRS OF RESPONDENT NO.1) 2. SMT. SARAMMA JOHY, W/O SRI. P.V.JOHNY, AGED ABOUT 78 YEARS, RESIDING AT NO.74/E, 17TH A CROSS, 4TH STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BANGALORE - 560 079. REPRESENTED BY THEIR GPA HOLDER, SRI. SAJJAN JOHNY, S/O SRI. P.V.JOHNY, AGED ABOUT 51 YEARS, R/AT NO.74/E, 17TH A CROSS, 4TH STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BENGALURU - 560 079. 2.(a) SRI. SAJJAN JOHNY, S/O SRI. P.V.JOHNY, AGED ABOUT 52 YEARS, 2.(b). SRI. SAJANI JOHNY, D/O SRI. P.V.JOHNY, AGED ABOUT 47 YEARS, BOTH ARE R/AT No.74/E, 17TH 'A' CROSS, 4TH STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BENGALURU - 560 079. - 3 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 3. THE SPECIAL DEPUTY COMMISSIONER -2, BENGALURU SOUTH SUB DIVISION, KANDAYA BHAVAN, K G ROAD, BENGALURU URBAN DISTRICT - 560 009. 4. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB DIVISION, KANDAYA BHAVAN, K G ROAD, BENGALURU URBAN DISTRICT - 560 009. 5. THE SPECIAL TAHSILDAR, BENGALURU SOUTH SUB - DIVISION, KANDAYA BHAVAN, K G ROAD, BENGALURU - 560 009. 6. THE REVENUE INSPECTOR, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT - 560 074. 7. SMT. KEMPAMMA, AGED ABOUT 72 YEARS, W/O LATE KEMPANARASIAH, R/AT BETTANAPALYA VILLAGE, BHEEMANAKUPPE, RAMOHALLI (POST), KENGERI HOBLI, BENGALURU URBAN DISTRICT - 560 074. 8. SMT. SELVI GEORGE, W/O LT. COL. M A GEORGE, AGED ABOUT 73 YEARS, VIKRAM SARABHAI ROAD, MARADU, ERNAKULAM, KERALA STATE - 682 304. - 4 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 9. SMT. LAXMIDEVAMMA, D/O LATE N.L.SRINIVASCHAR, AGED ABOUT 53 YEARS, R/AT LIG NO.303, KHB COLONY, 6TH MAIN, 1ST PHASE, BASAVESWARANAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SRI. G.S.PATEEL, ADVOCATE FOR R1(a) AND R2(a); SRI.V.S.HEGDE, ADVOCATE FOR R1(b), R2(b) AND R8; SMT.B.P.RADHA, AGA FOR R3 TO 6; NOTICE TO R7 DISPENSED WITH VIDE ORDER DATED 25.06.2026) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF THE CPC, PRAYING TO REVIEW THE ORDER DATED 09.11.2022 IN W.P. NO. 22163/2021 (KLR-RES) PASSED BY THIS HONBLE COURT AND PERMIT THE PETITIONER TO CONTEST THE SAID WRIT PETITION ON MERITS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This review petition is filed seeking review of the order dated 09.11.20222 passed in W.P.No.22163/2021 by this Court. 2. Heard Sri. D L Jagadish, learned Senior Counsel appearing for Smt. D.J.Rakshitha, learned counsel for - 5 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 petitioner and Sri. V.S. Hegde, learned counsel for respondent Nos. 1(B), 2(B) and 8, Sri. G.S.Pateel, learned counsel for respondent Nos. 1(a) and 2(a) and Smt. B.P. Radha, learned AGA for respondent Nos. 3 to 6. 3. Sri. D L Jagadish, learned Senior Counsel invited the attention of this Court to the order dated 09.11.2022 in W.P.No.22163/2021 (Annexure-A), wherein the respondent No. 5 died on 02.03.2022 (Annexure-K) and therefore the order under review is against a dead person and therefore sought for interference of this Court. 4. It is also argued by the learned Senior Counsel that the writ petitioners have not placed the relevant facts and they have suppressed the fact about the pendency of the suit in O.S. No.1104/2014 and as such the order dated 09.11.2022 has been passed in the absence of such a relevant material before this Court and therefore learned Senior counsel sought for interference of this Court. - 6 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 5. Per contra, Sri. V.S.Hegde, learned counsel appearing for respondent Nos.1(B), 2(B) and 8 invited the attention of the Court to Order XXII Rule 4(4) of CPC, 1908 and submitted with respect to the letter dated 29.03.2022 issued by the Postal Department to the Registrar General of this Court and contended that, the notice issued by this Court was served to respondent No. 5 in W.P.No.22163/2021 and as such, she was aware about the pendency of this writ petition, however, she failed to appear before the Court and in that view of the matter, for all practical purposes, it has to be considered as a deemed service in the light of the aforementioned provisions of CPC. Therefore, learned counsel places reliance on the judgment of the High Court of Kerala at Ernakulam in the case of P.N.ANANDAN v. DAMODARAN AND OTHERS, in R.P.No.592/2009 disposed of on 26.06.2009 and submitted that the review petition deserves to be dismissed. - 7 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 6. Sri. G.S.Pateel, learned counsel appearing for respondent Nos. 1(A) and 2(A) and learned AGA for official respondents also sought to justify the submissions of learned counsel Sri. V. S.Hegde. 7. In the light of the submissions made by the learned counsel for the parties, on careful consideration of the order dated 09.11.2022, in WP No. 22163/2021 (Annexure-A), wherein the respondent No. 5-Smt. Kempamma was served with a notice on 28.02.2022 in terms of the letter dated 29.03.2022 by the Postal Department to the Registrar General (Annexure-R1). In that view of the matter, taking into consideration the scope of Order XXII Rule 4(4) of CPC, as the notice issued by this Court was served to respondent No.5-Smt. Kempamma when she was alive and as she died two days later, I am of the view that, the notice has been duly served to the said Kempamma and she was aware about the proceedings before this Court. In this regard, I am of - 8 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 the opinion that the order impugned in this review petition is not against a dead person. 8. Further, taking into consideration the observation made by this Court in Annexure-A, I am of the view that, there is no error apparent on the face of the record and following the declaration of law made by the Hon'ble Supreme Court in the case of VITTHAL DAMUJI MEHER v. MANIK MADHUKAR SARVE & OTHERS, 2024 SCC OnLine SC 2873, I am of the opinion that no interference of this Court is required. 9. Taking into consideration the fact that the suit in O.S.No.1104/2014 is pending consideration before the competent civil Court in which the petitioner herein has been impleaded and therefore, the parties to the suit have to wait for the adjudication of their rights in the above suit. 10. However, it is needless to say that the trial Court is requested to expedite the hearing in - 9 - HC-KAR NC: 2026:KHC:31802 RP No. 76 of 2023 O.S.No.1104/2014 taking into consideration the Circular issued by the Hon'ble Supreme Court as to the disposal of the suit at the earliest. With the above observations, I am of the view that no interference of this Court is called for and the review petition stands dismissed. It is made clear that it is open for the parties to approach the Revenue Authorities after the conclusion of the proceedings in O.S.No.1104/2014. . SD/- (E.S.INDIRESH) JUDGE BSV List No.: 1 Sl No.: 34