- 1 - HC-KAR CNR: KAHC010531652026 NC: 2026:KHC:47739 RP No. 444 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO. 444 OF 2026 BETWEEN: MR. GERARD STEPHEN HARRY S/O. HARRY DIAS THOMAS, AGED ABOUT 56 YEARS, R/AT NO.10/A, NEW NO.8, CANNAUGHT ROAD, QUEENS ROAD CROSS, VASANTHNAGAR, BENGALURU-560 052. …PETITIONER (BY SRI. G.S.KANNUR, SENIOR ADV. A/W SRI. MOHAMMED AFROZE.,ADVOCATE) AND: SMT. KAMALA BAI EDUCATIONAL TRUST REP. BY ITS SECRETARY, EDWARD ROAD, OFF QUEENS ROAD, BENGALURU-560052. …RESPONDENT (BY SRI. BHAT GANAPATHI NARAYANA.,ADVOCATE) THE REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 OF CPC, PRAYING TO REVIEW THE IMPUGNED JUDGMENT DATED 03.07.2026 PASSED IN MFA NO.988/2025 PASSED BY THIS HON'BLE COURT AND MISTAKE CREPTED IN THE JUDGMENT DATED 03.07.2026 MAY BE REVIEWED BY THIS HONBLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010531652026 NC: 2026:KHC:47739 RP No. 444 of 2026 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER The appellant-plaintiff has filed this review petition praying to review the order passed by this Court in MFA.No.988/2025 dated 03.07.2026. 2. Learned Senior Counsel Sri. G.S.Kannur appearing for the plaintiff/appellant submitted that with reference to the order passed at Para-65 in the order, either of the parties may approach City Survey Authorities to get the suit property surveyed and measured to find out whether the suit properties mentioned in the plaint and in the written statement are different or one and the same. It is submitted that let the Surveyor conduct survey on the basis of the title documents and in the written statement, what is schedule property is not mentioned. Therefore, prays to review the order to this extent only. 3. On the other hand, learned counsel for the respondent-defendant submitted that the order dated - 3 - HC-KAR CNR: KAHC010531652026 NC: 2026:KHC:47739 RP No. 444 of 2026 03.07.2026 is correct. Hence, there is no need to pass any order on review and prays to dismiss the review petition. 4. This Court in the impugned order dated 03.07.2026 has observed that either of the parties may approach City Survey Authorities to get the suit property surveyed and measured to find out whether the suit properties mentioned in the plaint and in the written statement are different or one and the same. In the written statement, the defendant has taken several contentions. Therefore, based on that, this Court ordered that let property be surveyed by City Survey Authorities. This order is in the line of orders passed by the Division Bench of this Court in WA.No.1174/2024. Therefore, there is no error apparent on the face of record about this direction. However, both the parties shall assist the City Survey Authorities to conduct survey by producing their - 4 - HC-KAR CNR: KAHC010531652026 NC: 2026:KHC:47739 RP No. 444 of 2026 own documents, as it is their duty. Hence, there is no need to review the order. Therefore, with the above observation, the review petition stands disposed off. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SMJ; List No.: 1 Sl No.: 28