Karnataka High Court

RP/444/2026 of MR. GERARD STEPHEN HARRY Vs SMT. KAMALA BAI EDUCATIONAL TRUST on 2 September 2026

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CNR: KAHC010531652026 NC: 2026:KHC:47739 RP No. 444 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO. 444 OF 2026 BETWEEN: MR. GERARD STEPHEN HARRY S/O. HARRY DIAS THOMAS,

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

REVIEW PETITION NO. 444 OF 2026

BETWEEN:

MR. GERARD STEPHEN HARRY

S/O. HARRY DIAS THOMAS, AGED ABOUT 56 YEARS, R/AT NO.10/A, NEW NO.8, CANNAUGHT ROAD, QUEENS ROAD CROSS, VASANTHNAGAR, BENGALURU-560 052.

…PETITIONER

(BY SRI. G.S.KANNUR, SENIOR ADV. A/W

SRI. MOHAMMED AFROZE.,ADVOCATE)

AND:

SMT. KAMALA BAI EDUCATIONAL TRUST

REP. BY ITS SECRETARY, EDWARD ROAD, OFF

QUEENS ROAD, BENGALURU-560052.

…RESPONDENT

(BY SRI. BHAT GANAPATHI NARAYANA.,ADVOCATE)

THE REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1

R/W SEC. 114 OF CPC, PRAYING TO REVIEW THE IMPUGNED

JUDGMENT DATED 03.07.2026 PASSED IN MFA NO.988/2025

PASSED BY THIS HON'BLE COURT AND MISTAKE CREPTED IN THE

JUDGMENT DATED 03.07.2026 MAY BE REVIEWED BY THIS HONBLE

COURT, IN THE INTEREST OF JUSTICE AND EQUITY.

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

Digitally

signed by

SHILPABAI S

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL ORDER

The appellant-plaintiff has filed this review petition praying to review the order passed by this Court in MFA.No.988/2025 dated 03.07.2026.

2. Learned Senior Counsel Sri. G.S.Kannur appearing for the plaintiff/appellant submitted that with reference to the order passed at Para-65 in the order, either of the parties may approach City Survey Authorities to get the suit property surveyed and measured to find out whether the suit properties mentioned in the plaint and in the written statement are different or one and the same. It is submitted that let the Surveyor conduct survey on the basis of the title documents and in the written statement, what is schedule property is not mentioned. Therefore, prays to review the order to this extent only.

3. On the other hand, learned counsel for the respondent-defendant submitted that the order dated

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03.07.2026 is correct. Hence, there is no need to pass any order on review and prays to dismiss the review petition.

4. This Court in the impugned order dated 03.07.2026 has observed that either of the parties may approach City Survey Authorities to get the suit property surveyed and measured to find out whether the suit properties mentioned in the plaint and in the written statement are different or one and the same. In the written statement, the defendant has taken several contentions. Therefore, based on that, this Court ordered that let property be surveyed by City Survey Authorities. This order is in the line of orders passed by the Division Bench of this Court in WA.No.1174/2024. Therefore, there is no error apparent on the face of record about this direction. However, both the parties shall assist the City Survey Authorities to conduct survey by producing their

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own documents, as it is their duty. Hence, there is no need to review the order.

Therefore, with the above observation, the review petition stands disposed off.

Sd/- (HANCHATE SANJEEVKUMAR) JUDGE

SMJ; List No.: 1 Sl No.: 28

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