Reserved on : 24.09.2025 Pronounced on : 25.10.2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CIVIL REVISION PETITION NO.19 OF 2014 BETWEEN:

1 . DAYANANDA PAI AGE: MAJOR S/O LATE NARASIMHA PAI NO.84/1, 1^ST FLOOR, K.H.ROAD BENGALURU - 560 027.

2 . GREEN ORCHARDS FARM HOUSES PRIVATE LIMITED BEING A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.10/1, GROUND FLOOR LAKSHMINARAYNA COMPLEX PALACE ROAD, BENGALURU - 560 052.

REPRESENTED BY ITS AUTHORISED SIGNATORY SRI LINGARAJA K. M., AMENDED VIDE ORDER DATED 01.09.2021

3 . YESHWANT SHENOY S/O LATE H.V.SHENOY AGE: MAJOR NO.43, 2^ND CROSS, NEHRU NAGAR BENGALURU - 560 020.

... PETITIONERS (BY SRI G.L.VISHWANATH, SENIOR ADVOCATE FOR SMT. MANASA AND SRI V.C.RAJU, ADVOCATES)

AND:

1 . MAQSOOD ALI S/O MEHMOOD ALI AGED ABOUT 50 YEARS R/AT: ALI ESTATE VASUDEVAPURA YELAHANKA HOBLI BANGALORE NORTH TALUK BENGALURU - 560 054.

2 . SMT. BILQUEES MAQDOOM ALI S/O MAQDOOM ALI AGED ABOUT 45 YEARS.

REPRESENTED BY HER G.P.A.HOLDER OF RESPONDENT NO.1

3 . MEZAAN MAQDOOM ALI S/O MAQDOOM ALI AGED ABOUT 12 YEARS MINOR-REPRESENTED BY HIS NEXT FRIEND SMT. BILQUEES MAQDOOM ALI-MOTHER RESPONDENT NOS.2 AND 3 ARE R/AT ALI ESTATE, VASUDEVAPURA YELAHANKA HOBLI, BANGALORE NORTH TALUK BENGALURU - 560 054.

4 . MEHMOOD ALI S/O MUMTAZ ALI AGED ABOUT 76 YEARS.

5 . SMT. TAHIRA ALI W/O MEHMOOD ALI AGED ABOUT 62 YEARS RESPONDENT NOS.4 AND 5 ARE R/AT NO.755, SOUTH BLAKELY STREET DUNMORE, PA SCRANTON PENNSYLVANIA, USA).

... RESPONDENTS (BY CAPTAIN ARVIND SHARMA, ADVOCATE FOR R1;

SRI K.S.RAHUL CARIAPPA, ADVOCATE FOR R2 AND R3;

NOTICE TO R4 AND R5 ARE DISPENSED WITH VIDE ORDER DATED 31.01.2015)

THIS CIVIL REVISION PETITION IS FILED UNDER SECTION

115 OF CIVIL PROCEDURE CODE PRAYING TO ALLOW THIS REVISION PETITION AND TO CONSEQUENTLY TO SET ASIDE THE ORDER PASSED IN MISC. NO.850/2007 ON 31.10.2013 BY THE III ADDITIONAL CITY CIVIL JUDGE, CCH. NO.25, BANGALORE AND TO CONSEQUENTLY DISMISS THE SAID MISC. PETITION.

THIS CIVIL REVISION PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 24.09.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners are before this Court calling in question an order dated 31-10-2013 passed by the III Additional City Civil and Sessions Judge, Bengaluru in Miscellaneous No.850 of 2007 and all proceedings pending thereon.

2. Heard Sri G. L. Vishwanath, learned senior counsel appearing for the petitioners; Captain Arvind Sharma, learned counsel appearing for respondent No.1 and Sri Rahul Cariappa K.S., learned counsel appearing for respondents 2 and 3.

3. Facts, in brief, germane are as follows:-

The petitioners are defendants and respondents the plaintiffs in O.S.No.7295 of 2002 out of which, Miscellaneous No.850 of 2007 concerns the present petition. The saga begins in O.S.No.7295 of 2002 which comes to be dismissed for default on 29-10-2007. A miscellaneous petition in Miscellaneous No.850 of 2007 is filed seeking restoration of the suit. During the pendency of Miscellaneous No.850 of 2007, a memo dated 21-01-2011 is filed stating that the plaintiffs are not pursuing the petition in view of the earlier compromise entered into between the parties in O.S.No.496 of 2008. It is the averment in the petition, that notwithstanding the same, the concerned Court rejects the memo filed, which clearly held that the plaintiffs were not interested in pursuing the matter and by the impugned order, restores the suit which had been dismissed for its non-prosecution. It is this order that petitioners/defendants call in question in the subject revision petition.

4. The learned senior counsel Sri G.L. Vishwanath appearing for the petitioners would vehemently contend that the issue relates to the year 1991. There were several proceedings between the parties. Suits in O.S.Nos.7295, 7296 and 7297 of 2002 were filed notwithstanding a comp