IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.551 OF 2025 (IO)

BETWEEN:

1. M/S UNIQUE SERVICES MINMETAL PVT LTD COMPANY IS INCORPORATED UNDER INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.1, STEERWELL CHAMBERS, 101, 1^ST FLOOR, RAILWAY PARALLEL ROAD, KUMARA PARK (EAST), BENGALURU- 560 001.

REPRESENTED BY ITS MANAGING DIRECTOR SRI.R.SAMPATH KUMAR

2. SRI.R.SAMPATH KUMAR S/O LATE RANGASWAMY, AGED ABOUT 65 YEARS, MANAGING DIRECTOR OF Digitally M/S. UNIQUE MINMETAL PVT LTD signed by COMPANY IS INCORPORATED UNDER MALATESH INDIAN COMPANIES ACT, 1956 AT K C NO.102, GROUND FLOOR, 5^TH CROSS, Location:

4^TH MAIN ROAD, RMV 2^ND STAGE, HIGH COURT OF NGEF LAYOUT, BANGALORE -560 094.

KARNATAKA …PETITIONERS (BY SRI. CHANDRASHEKAR H B, ADVOCATE)

AND:

1. SMT MALLIKA BEGUM W/O LATE D.SYED ABBAS, AGED ABOUT 80 YEARS, RESIDING AT NO.168, ARMSTRONG ROAD, BANGALORE -560 001.

2. SRI D SYED NOORUL HASSAN S/O LATE AGED ABOUT 74 YEARS, RESIDING AT NO.168, ARMSTRONG ROAD, BANGALORE -560 001.

3. THE AUTHORIZED OFFICER OF IDBI BANK LTD, SPECIALIZED CORPORATE BRANCH, AT NO.102, SHAKTHI COMFORT TOWER, K.H.ROAD, BANGALORE -560 027.

AND ALSO AT THE AUTHORIZED OFFICER OF IDBI BANK LTD, AT NO.58, MISSION ROAD, POST BAG NO.27015, BANGALORE -560 027.

4. SANTOSH RAGHU SHETTY, S/O RAGHU SHETTY, MAJOR, DIRECTOR OF M/S. UNIQUE MINMETAL PVT LTD COMPANY IS INCORPORATED UNDER INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.1 STEERWELL CHAMBERS, 101, 1^ST FLOOR, RAILWAY PARALLEL ROAD, KUMARA PARK (EAST), BENGALURU- 560 001.

5. K.N.UDAY SHANKAR, S/O ANANTHA NARASIMHA MURTHY AGED ABOUT 62 YEARS RESIDING AT NO.198 “NANNA KANASU”

VAKALIYAMMA STREET, ULHAL MAIN ROAD, BANGALORE - 560 056

6. IRMA IMAGE IMPACT INDIA PVT LTD A COMPANY IS INCORPORATED UNDER INDIAN COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.64, MHADA FOUR BUNGALOW, ANDHERI WEST, MUMBAI - 400053 AND ALSO AT IRMA IMAGE IMPACT INDIA PVT LTD COMPANY IS INCORPORATED UNDER INDIAN COMPANIES ACT, 1956 HAVING IT OFFICE AT NO.28, C/O DUO ASSOCIATES, ULSOOR ROAD, BANGALORE – 560 042 REPRESENTED BY ITS MANAGING DIRECTORS, TUMMALACHETTY PANI MAHESH @ T PANI MAHESH AND ALUNGOOR MUNIVENKATA SHARATCHANDRA @

A M SHARATCHANDRA …RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE AGAINST THE ORDER DATED 07.07.2025 PASSED ON I.A.NO.VIII IN O.S.NO.8626/2015 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE IA.NO.VIII FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SECYION 151 OF CPC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Revision Petitioners are defendant Nos.2 and 3 in O.S.No.8626/2015 on the file of the XXXI Additional City Civil and Sessions Judge, Bengaluru (CCH-14) challenging the rejection of application filed under Order VII Rule 11 of the Code of Civil Procedure, by the considered Order dated

07.07.2025.

2. Parties are referred to as per their ranking before the Trial Court.

3. Facts in brief which are utmost necessary for disposal of the present revision petition are as under:

A suit came to be filed by the plaintiffs/contesting respondents in O.S.No.8626/2015 with the following prayer:

“(a) Declare that Hiba dated 18.04.1959 is null and void and not binding either on the plaintiffs or on the schedule property.

(b) Decree of declaration that the deed of partition executed on 19.02.2008 duly registered as document No.SHR-1-00001/2007-08 of Book-I, in the office of the Sub Registrar, is null and void abinitio and not binding either on the plaintiffs or the schedule property.

(c) Decree of declaration that the deeds of rectification of partition executed on 10.03.2008 duly registered as document of Book-I, No.SHR-1-00037/2007- 08 contained in CD No.SHRD1, in the office of the Sub- Registrar, is null and void abinitio and not binding either on the plaintiffs or the schedule property, (d) De