IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO REVIEW PETITION NO. 61 OF 2023 BETWEEN: MR. RAVI K.

S/O KUPPAREDDI AGED ABOUT 40 YEARS R/AT. No.160, 2^ND CROSS NEXT TO BELLEMANE, J.S. DINNE J.P. NAGAR, 8^TH PHASE BENGALURU-560 076 ...PETITIONER (BY SRI. RAVI K., PARTY-IN-PERSON)

AND:

1 . MR. MAHESH MEDHEKAR Digitally signed by HR MANAGER RAKSHA MERCEDES BENZ RESEARCH AND Location:

High Court DEVELOPMENT INDIA PRIVATE LIMITED of Karnataka PHASE I, OPP. SATHYASAI HOSPITAL

9, 10, 1^ST MAIN ROAD, KIADB EXPORT PROMOTION INDUSTRIAL AREA, WHITEFIELD BENGALURU-560 066 EMAIL ID: Mahesh.medhekar@daimler.com

2 . DR. JENS CATTARIUS CEO AND MD (EX-PARTY BEFORE THE TRIAL COURT AND HIGH COURT)

MERCEDES BENZ RESEARCH AND DEVELOPMENT INDIA PRIVATE LIMITED PHASE I, OPP. SATHYA SAI HOSPITAL 9, 10, 1^ST MAIN ROAD, KIADB EXPORT PROMOTION INDUSTRIAL AREA, WHITEFIELD BENGALURU-560 066

3 . MERCEDES BENZ RESEARCH AND DEVELOPMENT INDIA PRIVATE LIMITED PHASE I, OPPOSITE SATHYASAI HOSPITAL

9, 10, 1^ST MAIN ROAD, KIADB EXPORT PROMOTION INDUSTRIAL AREA, WHITEFIELD BENGALURU-560 066 E-MAIL: manu.saale@daimler.com ...RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO (1) REVIEW THE ORDER DATED 26.11.2019, PASSED IN RFA No.386/2017 ON THE FILE OF THE HON'BLE KARNATAKA HIGH COURT AT BENGALURU AND FURTHER SET ASIDE THE ORDER. AND ETC.

THIS REVIEW PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 27.03.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This Review Petition is filed seeking to review the judgment dated 26.11.2019 passed in Regular First Appeal No.386 of 2017 (MON).

2. We have heard Shri. Ravi K., Party-in-

person/review petitioner.

3. A Coordinate Bench of this Court pronounced the impugned judgment on 26.11.2019. Aggrieved by the same, the review petitioner then approached the Apex Court by way of a Special Leave Petition (Civil) Dairy No.6172/2020 which came to be dismissed by order dated 09.01.2023. Thereafter, the petitioner has filed the current Review Petition on 06.02.2023 challenging the impugned judgment dated 26.11.2019. Further, the petitioner has also filed I.A.No.1/2023 under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the current petition.

4. The review petitioner/party-in-person places reliance on the following decisions:-

• Khoday Distilleries Ltd. and Others v. Sri.

Mahadeshwara Sahakara Sakkare Karkhane Ltd., Kollegal, by Order dated 01.03.2019 passed in Civil Appeal No.2432 of 2019 • Ravi K. v. Mahesh Medhekar & Ors., by Order dated 09.01.2023 passed in Special Leave Petition (Civil) Diary No(s).6172/2020; and • Radha Gajapathi Raju & Ors. v. P. Maduri Gajapathi Raju & Ors, by Order dated 22.11.2021 passed in Civil Appeal Nos.6974-

6975/2021

5. We have considered the contentions advanced.

The petitioner herein aggrieved by the order passed by this Court on 26.11.2019, preferred Special Leave Petition (Civil) Diary No(s).6172/2020 before the Apex Court. The Apex Court dismissed the Special Leave Petition by an Order dated 09.02.2023, which reads as under:-

"We do not find any reason to interfere with the order assailed in this petition. In our opinion there is no stigma attached to the process in accepting resignation of the petitioner.

The special leave petition is dismissed."

6. Before adverting to the question of delay, the question relating to the dismissal of the Special Leave Petition operating as a merger of the original order must be examined. If merger applies, the original order would cease to exist independently and no review of the same could lie before this Court. The law on the doctrine of merger in the context of dismissal of Special Leave Petitions has