- 1 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO. 247 OF 2026 BETWEEN: 1. SMT. SHANTHAMMA WIDOW OF LATE KRISHNAPPA, AGED ABOUT 82 YEARS, 2. SHRI. B.K. SRINIVASA S/O LATE KRISHNAPPA, AGED ABOUT 49 YEARS, BOTH ARE RESIDING AT GURUSWAMY NILAYA, NO.1025/13, 11TH MAIN, HAMPINAGARA, BENGALURU – 560 104. …PETITIONERS (BY SRI. V B SHIVAKUMAR, ADVOCATE) AND: 1. THE KARNATAKA URBAN HOUSING COOPERATIVE SOCIETY LTD., NO. 352,3RD ‘A’ CROSS, 2ND STAGE,3RD PHASE, WEST OF CHORD ROAD, BENGALURU – 560 079. REP BY SECRETARY Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 2. SHRI. HANUMANTHARAYA, S/O LATE THIMMARAYAPPA, AGED ABOUT 85 YEARS, R/A NO. 4, 3RD MAIN ROAD, 10TH CROSS, AGRAHARADASARAHALLI, BENGALURU – 560 079. 3. SURESH S/O LATE MAHESHWARAIAH, SINCE DECEASED BY HIS LRS- SMT. MANGALAGOWRAMMA, W/O LATE SURESH, AGED ABOUT 66 YEARS, 4. SHRI. HARISH, S/O LATE SURESH, AGED ABOUT 49 YEARS, 5. SMT. USHA, D/O LATE SURESH, AGED ABOUT 47 YEARS, 6. NAGARAJ, SINCE DECEASED BY HIS LRS- SMT. VANAJA, W/O LATE NAGARAJ, AGED ABOUT 66 YEARS 7. SHRI. KARTHIK, S/O LATE NAGARAJ, AGED ABOUT 48 YEARS, (REP BY HIS GPA HOLDER NO.6 ABOVE) 8. SMT. KAVYA, D/O LATE NAGARAJ, AGED ABOUT 66 YEARS, 9. CHENNEKESHAVA, S/O LATE MAHESHWARAIAH, SINCE DECEASED BY HIS LRS- SMT. SHANTHAMMA, W/O LATE CHENNAKESHAV, AGED ABOUT 65 YEARS - 3 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 10. SHRI. C. NAGARATHNA, D/O LATE CHENNAKESHAVA, AGED ABOUT 48 YEARS, 11. SMT. C. JAYANTHI D/O LATE CHANNAKESHAVA, AGED ABOUT 36 YEARS 12. RAVI S/O MAHESHWARAIAH, SINCE DECEASED BY HIS LRS- SMT. SAROJA, W/O LATE RAVI, AGED ABOUT 56 YEARS 13. SHRI. SUHAS, S/O LATE RAVI, AGED ABOUT 31 YEARS 14. SHRI. JITHEEN, S/O LATE RAVI, AGED ABOUT 29 YEARS, RESPONDENTS 3 TO 14 ARE ALL RESIDING AT NO. 23, 4TH MAIN ROAD, 10TH CROSS, AGRAHARADASARAHALLI, BENGALURU – 560 079. 15. SMT. LAKSHMAMMA W/O LATE T. CHANDRAPPA, AGED ABOUT 77 YEARS 16. SHRI. YATHISH, S/O LATE CHANDRAPPA, AGED ABOUT 64 YEARS 17. SHRI. RAGHAVENDRA, S/O LATE T. CHANDRAPPA, AGED ABOUT 62 YEARS 18. SHRI. THIMMARAYAGOWDA @ MAHESH, S/O LATE T. CHANDRAPPA, AGED ABOUT 49 YEARS, - 4 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 RESPONDENTS 15 TO 18 ARE ALL RESIDING AT NO.4, 3RD MAIN ROAD 10TH CROSS, AGRAHARADASARAHALLI, BENGALURU – 560 079. 19. THE ARBITRATOR, SHRI. V.R. RAMASWAMY IYANGAR, ADVOCATE, NO. 209, RAJA SNOW BLDG., S.C. ROAD, SESHADRIPURAM, BENGALURU – 560 020. 20. SMT. BHARATHI, D/O LATE A. KRISHNAPPA, W/O VASUDEVA MURTHY, AGED ABOUT 55 YEARS, R/A NO. 1227/68, 1ST MAIN ROAD, MRCR EXTENSION, VIJAYANAGARA, BENGALURU – 560 079. 21. SMT. SUMITHRA, W/O DR. KEMPARAJ, AGED ABOUT 57 YEARS, R/A NO. 20, 515, ABW LAYOUT, 2ND CROSS, HAL 3RD STAGE, NEW THIPPASANDRA, BENGALURU – 560 075. …RESPONDENTS (BY SRI. M J ALVA, ADVOCATE FOR R2 TO R8, R12 TO R18; R7 IS REPRESENTED BY GPA HOLDER R6; R1, R9, R10, R11, R19 & R20 ARE SERVED; SRI. PRADYUMNA N AND SRI. NARAYANA S, ADVOCATE FOR R21) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF THE CODE OF CIVIL PROCEDURE R/W SECTION.114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 24.07.2025 PASSED BY THIS HON’BLE COURT IN MFA NO.6720/2016 (AA) PRODUCED AT ANNEXURE –A AND ETC., - 5 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER This Review Petition is filed praying to review the order dated 24.07.2025 passed by this Court in MFA No.6720/2016. 2. This Court, after hearing the arguments from both sides in MFA No.6720/2016, allowed the appeal on 24.07.2025 and set aside the order dated 20.02.2016 passed in A.C No. 76/2002 on the file of LII Additional City Civil and Sessions Judge, Bengaluru City and also the award dated 08.02.1999 passed by respondent No.2/Arbitrator. 3. The learned counsel for the review petitioners who were respondents No.19 and 20 in MFA No.6720/2016 submitted that in MFA No.6720/2016, respondents No.19 to 22 were represented by one Advocate Sri.Ramesha K.R but the said Advocate Sri.Ramesha K.R died on 23.01.2025. Hence, no arguments could be addressed by Sri.Ramesha K.R on behalf of respondents No.19 and 20, who are the review petitioners herein. Therefore, the learned counsel prays to - 6 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 review the order dated 24.07.2025 and requested to rehear the MFA No.6720/2016 on its merits after hearing on behalf of respondents No.19 and 20. 4. The review petitioners have filed the death certificate of Sri.Ramesha K.R, Advocate which shows that he died on 23.01.2025. This Court passed the order in MFA No.6720/2016 on 24.07.2025. Therefore, no arguments were addressed on behalf of respondents No.19 and 20 in the above stated appeal. 5. Though this Court has passed the order on merits, the fact remains that, no arguments could not be addressed on behalf of respondents No.19 and 20 since their Advocate had passed away. Therefore, this Court is of the opinion to hear the arguments of respondents No.19 and 20 in MFA No.6720/2016 on merits. Accordingly, the order dated 24.07.2025 passed by this Court is needed to be recalled. Hence, revision petition is liable to be allowed. 6. Though the learned counsel for the review petitioners addressed the arguments in brief and the learned - 7 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 counsel for the respondents justified the order passed on merits, but, the fact remains that, as the Advocate representing respondents No.19 and 20 had passed away, there could not be representation from respondents No.19 and 20. The case was heard on merits on an earlier occasion in MFA No.6720/2016. But in the said appeal, the respondents herein who are the appellants in MFA No.6720/2016, therefore, further arguments in the Court is required to be heard not only from the appellants side once again but also from the respondents side. Hence, further arguments are required to be heard in the appeal. Therefore, the order dated 24.07.2025 is needed to be recalled, but for the reasons above stated. Therefore, this Court is of the opinion to hear the case on merits and for continuation of arguments on merits in MFA No.6720/2016. 7. Hence, I proceed to pass the following: ORDER i) The review petition is allowed ii) The order dated 24.07.2025 passed in MFA No.6720/2016 is hereby recalled and the matter is restored for hearing MFA No.6720/2016 on merits. - 8 - HC-KAR CNR: KAHC010311462026 NC: 2026:KHC:44949 RP No. 247 of 2026 iii) List MFA No.6720/2016 on 28.08.2026 for ‘further arguments’. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE UN, List No.: 1 Sl No.: 19