Smt Vijayalakshmi vs Dyavaiah
2021 Latest Caselaw 522 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 8TH DAY OF JANUARY 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

               REVIEW PETITION NO.211/2020

                             IN

                  RSA NO.1383/2016 [PAR]

BETWEEN:

1.   SMT. VIJAYALAKSHMI
     AGED ABOUT 58 YEARS,
     WIFE OF CHENNA,
     R/AT D.NO.68, 3RD CROSS,
     RAMAKRISHNANAGAR,
     MYSURU - 570 004.
2.   SMT. SAROJA
     AGED ABOUT 51 YEARS
     R/AT 13,NO.1953,
     7TH CROSS, JANATHA NAGARA,
     MARUTHI TEMPLE ROAD,
     MYSURU - 570 004.
3.   SMT. SAVITHA
     AGED ABOUT 44 YEARS,
     WIFE OF KRISHNA,
     R/AT D.NO.2796/1,
     JAYANAGARA
     MYSURU - 570 004.
                                      ... PETITIONERS
(BY SRI.K. SREEDHAR., ADVOCATE)
                              2



AND:

SRI DYAVAIAH
SON OF LATE MADAIAH,
SINCE DEAD BY HIS LRS'

1.     SRI NAGARAJU,
       AGED ABOUT 53 YEARS
       SON OF DYAVAIAH.

2.     SRI RAMU
       AGED ABOUT 45 YEARS
       SON OF DYAVAIAH.

3.     SRI ARAVINDA
       AGED ABOUT 53 YEARS
       SON OF DYAVAIAH.

       RESPONDENT NOS. 1 TO 3 ARE
       R/AT D.NO.2796/1,
       2ND MAIN ROAD, CH8/1,
       NEAR RAMA MANDIRA,
       2ND CROSS, JAYANAGAR
       MYSURU - 570 004.

4.     SMT. SUNITHA
       AGED ABOUT 35 YEARS
       WIFE OF NAGARAJU,
       DAUGHTER OF DYAVAIAH,
       R/AT GUTHALU COLONY,
       MANDYA TOWN - 571 426.

5.     SRI M. RAMAKRISHNA REDDY
       AGED ABOUT 76 YEARS
       SON OF LATE VENKATA SUBBA REDDY,
       R/AT CHANNAYAGARIPALLI,
       LEBAKA POST, NANDALUR MANDAL,
       KADAPA DISTRICT
       ANDHRA PRADESH - 01.
                                3



6.    SRI B. RAVINDRANATH REDDY
      AGED ABOUT 57 YEARS,
      R/AT D.NO.414,
      1ST BLOCK, 8TH E-MAIN,
      KALYAN NAGAR,
      BENGALURU - 560 043.
                                      ... RESPONDENTS

     THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 R/W SECTION 114 OF CPC PRAYING TO REVIEW THE
JUDGMENT AND DECREE DATED 13.01.2020 ON RSA NO.
1383/2016 PASSED BY THIS COURT AND ALLOW THE SAID
APPEAL; PASS SUCH OTHER ORDERS AS MAY BE DEEMED
JUST AND EXPEDIENT IN THE CIRCUMSTANCES OF THE CASE,
INCLUDING THE AWARD OF COSTS OF THIS APPEAL.

     THIS REVIEW PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

Heard Sri. K. Sreedhar, learned counsel for the review

petitioners.

2. This Court by Judgment dated 13.01.2020 dismissed

the appeal in RSA No.1383/2016 essentially on the ground

that the petitioners-appellants will not be entitled to claim a

share in the subject properties because they have failed to

establish that such properties were late Sri. Dyavaiah's

ancestral properties.

3. Though the learned counsel for the review petitioners

relies upon the observation of this Court in Paragraph-37 to

justify that the Judgment dated 13.01.2020 calls for review,

this Court could only observe that the observation in

paragraph-37 is only in the light of the earlier discussion. As

such, there is no ground for review.

The petition stands accordingly disposed of.

In view of disposal of the review petition on merits, and

in the circumstances, there are no reasons for condonation of

delay and I.A. No.1/2020 is also accordingly disposed of.

SD/-

JUDGE

AN/-