Sri Chikkabovi Since Dead By His ... vs Sri C Y Shivegowda
2022 Latest Caselaw 11556 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 26TH DAY OF AUGUST 2022

                       PRESENT

           THE HON'BLE MR. ALOK ARADHE
               ACTING CHIEF JUSTICE

                         AND

  THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

                R.P. NO.576 OF 2022
                         IN
                W.A. NO.1017 OF 2022

BETWEEN:

    SRI. CHIKKABOVI
    SINCE DEAD BY HIS LR'S.

1(a). SIDDARAMA
      S/O LATE SRI. CHIKKABOVI
      AGED ABOUT 65 YEARS.

1(b). KANNAIAH
      S/O LATE SRI. CHIKKABOVI
      AGED 65 YEARS.

1(c). RAJU
      S/O LATE SRI. CHIKKABOVI
      AGED 65 YEARS.

1(d). SRINIVASA
      S/O LATE SRI. CHIKKABOVI
      AGED 65 YEARS.

    ALL ARE R/AT LINGAMBUDIPALYA
    JAYAPURA HOBLI
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     MYSURU TALUK
     MYSURU - 570 021.
                                       ... PETITIONERS
(BY MR. CHRISTOPHER NOEL A, ADV.,)

AND:

1.   SRI. C.Y. SHIVEGOWDA
     S/O LATE VYKUNTEGOWDA
     AGED 60 YEARS
     R/AT NO.38, USA RESIDENCY
     J C S T M BLOCK
     ADICHUNCHANAGIRI ROAD
     KUVEMPUNAGAR, MYSURU - 560 021.

2.   THE DEPUTY COMMISSIONER
     MYSORE DISTRICT
     MYSORE - 570 021.

3.   THE ASSISTANT COMMISSIONER
     MYSORE SUB DIVISION
     MYSORE - 570 021.

                                     ... RESPONDENTS
(BY MR. SANGAMESH R.B. ADV., FOR C/R1)
                        ---

     THIS R.P. IS FILED UNDER SECTION 114 R/W ORDER
47 RULE 1 OF CPC, PRAYING TO REVIEW THE JUDGMENT
DATED 02.03.2022 IN W.A. NO.1017/2021 ON THE FILE OF
THIS HON'BLE COURT. ALLOW THIS REVIEW PETITION AND
REHEAR THE W.A.NO.1017/2021 OR REMAND THE MATTER
BACK TO THE LEARNED SINGLE JUDGE TO REHEAR THE
W.P.NO.30459/2015.     GRANT COSTS OF THIS REVIEW
PETITION AND PASS SUCH OTHER ORDERS DEEMED FIT IN
THE INTERESTS OF JUSTICE.

     THIS R.P. COMING ON FOR HEARING, THIS DAY,
ACTING CHIEF JUSTICE MADE THE FOLLOWING:
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                        ORDER

Heard learned counsel for the parties.

2. This petition has been filed seeking review

of the order dated 02.03.2022 passed by this court in

W.P.No.1017/2021.

3. Learned counsel for the appellant

submitted that the sale deed was registered on

23.07.1997 and therefore, the delay in filing the

application under Section 5 of The Karnataka

Scheduled Castes and Scheduled Tribes (Prohibition

of Transfer of Certain Lands) Act, 1978 (hereinafter

referred to as 'the Act' for short) is 8 years and 10

months. However, the fact remains that the sale deed

was executed on 14.03.1997 but the same was

registered on 23.07.1997. There is a delay of 9 years

and 2 months in filing the application seeking

resumption of the land under the provisions of the

Act. The aforesaid delay has not been explained. The

order passed by the learned Single Judge neither

suffers from any jurisdictional infirmity nor any error

apparent on the face of the record warranting

interference of this court in exercise of review

jurisdiction.

In the result, the petition fails and is hereby

dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS