Govindaraju Since Dead by His Lrs Vs Sri Byanna

SMT. RUKAMMA D/O. LATE ASHWATHAIAH G.M, W/O. B. GOPALA GOWDA, AGE: MAJOR, R/AT JOGAHALLI, SADAHALLI POST, DEVANAHALLI TALUK, BENGALURU RURAL DIST-562 110.

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SMT. INDRANI W/O. M. RAMU, D/O. LATE ASHWATHAIAH G.M., AGE: MAJOR, R/AT CHIKKABEGUR, BEGUR POST, BENGALURU-560 068.

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SMT. PADMAVATHAMMA W/O. G.A. RAJANNA, D/O. LATE G.M. ASHWATHAIAH, AGE: MAJOR, R/AT NO.3/77, LINGARAJAPURA, THOMSON, BENGALURU-560 084.

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NC: 2026:KHC:18819 WP No. 4390 of 2026

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HC-KAR

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M. MANJUNATH S/O. G.M. ASHWATHANARAYANA, AGE: MAJOR, R/AT NO.10, GARUKAMATHAPALYA, HOSATHIPPASANDRA POST, BENGALURU-560 075.

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THE TAHSILDAR BENGALURU EAST TALUK, K.R. PURAM, BENGALURU-560 036.

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DEF.NO.4 IS A NON-CONTESTING PARTY. HENCE, NOT REQUIRED.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING OF THE COMMON ORDER DATED 3/1/2026, PASSED ON I.A.NO. 4/2025 FILED U/S 114 R/W ORDER 47(1) OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING REVIEW OF THE ORDER DATED 2/7/2025 ON THE GROUND THAT THERE ARE ERRORS, MISTAKES AND OMISSIONS ON THE FACE OF THE ORDER IN O.S. NO. 27106/2007, BY THE LEARNED XXVIII ADDI. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU PRODUCED HEREIN AS ANNEXURE-A AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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NC: 2026:KHC:18819 WP No. 4390 of 2026

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HC-KAR

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ORAL ORDER

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This writ petition is filed by the petitioners challenging the order dated 03.01.2026 passed on IA No.4/2025 filed under Section 114 read with Order 47(1) of Civil Procedure Code, 1908 (for short, ‘CPC’) seeking review of the order dated 02.07.2025.

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Plaintiff-respondent No.1 filed a suit for declaration and possession. On service of summons, the petitionersdefendants filed the written statement. Thereafter, defendant filed an application under Section 151 of CPC read with Section 20 of the Karnataka Land Grabbing Prohibition Act, 2011. The Trial Court dismissed the application filed by the petitioner. Being aggrieved by the same, the petitioner has filed a writ petition before this Court in WP.No.24885/2025. This Court on 28.08.2025 had passed the following order:

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"Learned counsel appearing for the petitioners, after arguing the matter at length, seeks leave of this Court to withdraw the petition.

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Placing the said submission on record, the petition is disposed as withdrawn."

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NC: 2026:KHC:18819 WP No. 4390 of 2026

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HC-KAR

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By seeing the above order, it is very clear that after hearing the learned counsel for the petitioners at length and at request of the petitioners, it has been disposed as withdrawn. No liberty has been granted to file a review petition. Thereafter, the petitioner has filed a review petition in IA.No.4/2025 seeking review of order dated 02.07.2025. The Trial Court by impugned order had rejected that application. Being aggrieved by the same, the above writ petition is filed.

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Since the original order which was passed on application filed by the petitioner for transferring of O.S.No.27106/2007 to Karnataka Land Grabbing Prohibition Special Court at Bengaluru under Section 20 of the Karnataka Land Grabbing Prohibition Act has been dismissed, the same was challenged before this Court. Having heard the petitioners at length, this Court permitted withdrawal of the writ petition on 28.08.2025 based on their own request, without granting liberty to file a review petition. Consequently, the Trial Court has correctly rejected the subsequent review application.

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As there is no error or illegality in the impugned order, this writ petition warrants dismissal.

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NC: 2026:KHC:18819 WP No. 4390 of 2026

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HC-KAR

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The judgment which is relied upon by the learned counsel for the petitioner in the case of Bussa Overseas and Properties Private Limited and another Vs. Union of India and another cited in (2016) 4 SCC 696 is not applicable to

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the facts of this case.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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BN

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List No.: 1 Sl No.: 17

Govindaraju Since Dead by His Lrs v. Sri Byanna

Case brief

What is this about?

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Govindaraju Since Dead by His Lrs v. Sri Byanna

Case brief

What is this about?

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