- 1 - HC-KAR CNR: KAHC010089252026 NC: 2026:KHC:46789 RP No. 52 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REVIEW PETITION NO.52 OF 2026 IN REGULAR SECOND APPEAL NO.705/2023 (PAR) BETWEEN: SMT GIRIJA POOJARTHY AGED ABOUT 66 YEARS D/O LATE BACHHA POOJARY R/AT GANIBERU OF 84 MACHATTU VILLAGE KUNDAPURA TALUK-576227 …PETITIONER (BY SRI KARUNAKARA P, ADVOCATE) AND: 1. MR.HIRIYA POOJARY MAJOR S/O LATE BACHHA POOJARY R/AT GANIBERU OF 84 MACHATTU VILLAGE KUNDAPURA TALUK-576227 2. SMT. PADDU POOJARTHY AGED 56 YEARS W/O HIRIYA POOJARY Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010089252026 NC: 2026:KHC:46789 RP No. 52 of 2026 R/AT GANIBERU OF 84 MACHATTU VILLAGE KUNDAPURA TALUK-576227 …RESPONDENTS THIS RP IS FILED UNDER SECTION 114 AND ORDER 47 RULE 1 OF CPC PRAYING THIS COURT TO REVIEW THE FINAL ORDER DATED 08.10.2025 PASSED IN R.S.A.NO.705/2023 BY THIS HON’BLE COURT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This review petition is filed praying this Court to review the order dated 08.10.2025 passed by this Court in R.S.A.No.705/2023. 2. The counsel for the petitioner would submit that on 19.08.2025, R.S.A.No.705/2023 was dismissed for non- production of certified copy of the judgment in O.S.No.427/1999. On 08.10.2025, the matter was taken up for consideration of the application for recalling the order of dismissal dated 19.08.2025 and on the same day, certified - 3 - HC-KAR CNR: KAHC010089252026 NC: 2026:KHC:46789 RP No. 52 of 2026 copy of the judgment and decree passed in O.S.No.427/1999 was filed before the registry but could not able to make submission before the Court. However, this Court dismissed the application for recalling the order of dismissal dated 19.08.2025 and held that R.S.A.No.705/2023 was dismissed not only for non-compliance of office objections but also an observation was made that the finding of the Trial Court is affirmed by the First Appellate Court and there is a concurrent finding in the matter. 3. In view of the submission of the learned counsel for the petitioner and also on compliance of the production of certified copy of the judgment and decree of O.S.No.427/1999 on 08.10.2025 and the appeal was not considered on merits, it requires interference of this Court to review the order as prayed as an observation was made that appeal was filed against the concurrent finding. Accordingly, the review is allowed. The order dated 08.10.2025 passed by this Court in R.S.A.No.705/2023 is reviewed and consequently, earlier rejection of the application for recalling the order dated 19.08.2025 is also allowed and requires restoration of R.S.A.No.705/2023 for consideration on merits. - 4 - HC-KAR CNR: KAHC010089252026 NC: 2026:KHC:46789 RP No. 52 of 2026 4. R.S.A.No.705/2023 is restored subject to payment of cost of Rs.10,000/- by reviewing the order dated 08.10.2025 payable in the registry within a week from today. 5. The payment of cost is pre-condition for restoration of R.S.A.No.705/2023. List R.S.A.No.705/2023 for admission on 11.09.2026. Sd/- (H.P.SANDESH) JUDGE SN