IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

REVIEW PETITION NO.138 OF 2019

BETWEEN:

1. SHRI. B NARAYAN RAO,

SON O LATE K.VASUDEVA RAO,

AGED ABOUT 86 YEARS,

RESIDING AT SATHYA

SAI GRAMA MUDDENAHALLI,

CHIKKABALLAPUR TALUKA AND

DISTRICT - 562101.

2. SHRI K SANJEEVA SHETTY,

SONOF LATE K.KATAPPA SHETTY,

AGED ABOUT 82 YEARS,

RESIDING AT SATHYA SAI GRAMA

MUDDENAHALLI,

CHIKKABALLAPUR TALUKA AND

DISTRICT - 562101.

3. SHRI K VASANTRAJ,

SON OF LATE K.NARAYANA BHAT,

AGED ABOUT 69 YEARS,

RESIDING AT SATHYA SAI GRAMA,

MUDDENAHALLI,

CHIKKABALLAPUR TALUKA AND

DISTRICT - 562101.

2

4. SHRI MAHENDRA S HEGDE,

SON OF LATE SRIPADA S HEGDE,

AGED ABOUT 61 YEARS,

RESIDING AT SATHYA SAI GRAMA,

MUDDENAHALLI,

CHIKKABALLAPUR TALUKA AND

DISTRICT - 562101.

5. SHRI B N NARASIMHAMURTHY,

SON OF LATE B.N. NARASIMHAIAH,

AGED ABOUT 72 YEARS,

RESIDING AT SATHYA SAI GRAMA,

MUDDENAHALLI, CHIKKABALLAPUR TALUKA

AND DISTRICT - 562101.

6. SHRI MADHUSUDHAN NAIDU,

SON OF LATE D.MAHESHWAR RAO NAIDU,

AGED ABOUT 39 YEARS,

RESIDING AT SATHYA SAI GRAMA,

MUDDENAHALLI,

CHIKKABALLAPUR TALUKA AND

DISTRICT - 562101.

7. SHRI R K SUBRAMANI,

SON OF R.T. KUMAR,

AGED ABOUT 48 YEARS,

RESIDING AT SATHYA SAI GRAMA,

MUDDENAHALLI,

CHIKKABALLAPUR TALUKA AND

DISTRICT - 562101.

8. SHRI H RAMANAND,

SON OF LATE NARASIMHA NAYAK,

AGED ABOUT 74 YEARS,

RESIDING AT SATHYA SAI GRAMA,

3

MUDDENAHALLI,

CHIKKABALALPUR TALUKA AND

DISTRICT - 562101. ...PETITIONERS

(BY SRI A.S.PONANNA, SR. ADVOCATE FOR

SRI H.C.PRATEEK, ADVOCATE)

AND:

1. SHRI. U GANGADHAR BHAT,

SON OF LATE SUBBANNA BHAT,

AGED ABOUT 86 YEARS,

RESIDING AT SATHYA SAI VIHAR,

ALIKE, BANTWAL TALUK,

DAKSHINA KANNDA - 574235.

2. SHRI K S KRISHNA BHAT,

SON OF LATE SHAM BHAT,

AGED ABOUT 84 YEARS,

RESIDING AT SATHYA SAI VIHAR,

ALIKE, BANTWAL TALUK,

DAKSHINA KANNDA - 574235.

3. SHRI S CHANDRASHEKARA BHAT,

SON OF KRISHNA BHAT,

AGED ABOUT 57 YEARS,

RESIDING AT SATHYA SAI VIHAR,

ALIKE, BANTWAL TALUK,

DAKSHINA KANNDA - 574235.

4. SHRI S S NAGANAND,

SON OF LATE S.G.SUNDARASWAMY,

AGED ABOUT 59 YEARS,

RESIDING AT NO.50,

NAMAN 2ND CROSS,

4

ACHAIAH LAYOUT,

RMV EXTENSION,

BANGALORE-560080. …RESPONDENTS

(BY SRI K CHANDRANATH ADIGA, ADVOCATE FOR R2 AND R3,

SRI MADHVKAR DESHPANDE, ADVOCATE FOR R4 )

****

THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ

WITH ORDER 47 RULE 1 OF CPC, 1908, PRAYING THIS HON’BLE

COURT TO: i) REVIEWING AND RECALLING THE ORDER DATED

20.02.2019 REJECTING IA 1/2018 IN CIVIL REVISION PETITION

NUMBER 8/2018, BY THIS HON’BLE COURT AND CONSEQUENTLY

POST THE MATTER CIVIL REVISION PETITION NUMBER 8/2018 FOR

HEARING

ON

MERITS

AND

DISPOSAL

OF

THE

SAME

IN

ACCORDANCE WITH LAW; ii) GRANT SUCH OTHER RELIEF AND

ORDER AS THIS COURT MAY CONSIDER APPROPRIATE.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR

ORDERS, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS

DAY, THE COURT PRONOUNCED THE FOLLOWING:

ORDER

This review petition has arisen out of the order dated

20.02.2019 in Civil Revision Petition No.8/2018 rejecting I.A.

No.1/2018 under Section 5 of the Limitation Act and consequently

dismissing the Civil Revision Petition No.8/2018.

02.

In order to consider the grounds stated in the review

petition, few facts required to be noticed are that the petitioners

had filed C.R.P. No.8/2018 under Section 115 CPC challenging the

5

order dated 19.04.2017 rejecting I.A. No.10 filed under Order VII

Rule 11(a) and 11(d) r/w Order II Rule 2 CPC, in O.S. No.12/2017

passed by the Prl. Senior Civil Judge & JMFC, Bantwal. The

petitioners had filed I.A. No.1/2018 under Section 5 of the

Limitation Act for condonation of delay of 152 days