Sri Yogesh R vs Sri S Nagaraj
2021 Latest Caselaw 1309 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 21ST DAY OF JANUARY, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

             REVIEW PETITION NO.339 OF 2019

BETWEEN:
SRI YOGESH R,
S/O LATE RUDRAPPA,
AGED ABOUT 52 YEARS,
R/AT NO.305, NITISH CENTRAL PARK,
B BLOCK, 1ST MAIN ROAD,
VINAYAKANAGAR, NEAR BSF, IAF POST,
BENGALURU-560 083.
                                          ...PETITIONER
(BY SRI.SAMPAT ANAND SHETTY, ADVOCATE)

AND:

1 . SRI S NAGARAJ,
S/O Y.C.SRINIVASAIAH,
AGED ABOUT 56 YEARS,
R/AT BABANAGAR, YELAHANKA HOBLI,
BENGALURU-560 063.

2 . SRI.JEELANI A K,
S/O LATE ABDUL KHALAK,
AGED ABOUT 48 YEARS,
R/AT NO.126, 9TH CROSS,
"DIYA MARVEL", YELAHANKA,
BENGALURU-560 064.
                                          ...RESPONDENTS
(BY SRI. PRADEEP J S, ADVOCATE FOR R1;
    SRI. S K ACHARYA, ADVOCATE FOR R2)

       THIS REVIEW PETITION IS FILED UNDER SECTION 114(b)
ORDER XLVII RULE 1 OF CODE OF CIVIL PROCEDURE PRAYING
TO CALL FOR RECORDS RELATING WRIT PETITIONS NOS.3811-
3812 OF 2018 (GM-CPC) ON THE FILE OF THIS HONBLE COURT
AND GRANT A REVIEW OF THE ORDER DATED 20.08.2019
PASSED BY THIS HONBLE COURT IN THE ABOVE SAID WRIT
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PETITIONS NOS.3811-3812 OF 2018 ON THE FILE OF THIS
HONBLE COURT AND ETC.

      THIS REVIEW PETITION COMING ON FOR ADMISSION,
THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE
THE FOLLOWING:

                                   ORDER

Both the sides having argued the matter for sometime,

now together submit that the subject applications which the

petitioner has filed in the court below be heard & decided on

their extrinsic merit without being influenced by judgment

dated 20.8.2019 made by this court disposing off the said

writ petition.

Ordered accordingly, all contentions of the parties

including those as to maintainability of the pending

applications having been kept open.

Review Petition is disposed off; the learned Judge of the

court below is requested to try & dispose off the execution

petition within a period of three months and report

compliance to the Registrar General of this Court.

All pending applications are disposed off, as having

paled into insignificance in view of disposal of the main

matter.

Sd/-

JUDGE

cbc