Jayamma vs Sri Bettachari
2022 Latest Caselaw 10236 Kant

                           1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 4TH DAY OF JULY, 2022

                        BEFORE

 THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

                    R.P.NO.350 OF 2021

BETWEEN:

1.     JAYAMMA
       W/O C.RAMACHAR
       AGED ABOUT 69 YEARS
       KASABA HOBLI
       PANDAVAPURA TALUK
       MANDYA DISTRICT
2.     H.R.RAVINDRACHARI
       S/O RAMACHAR C
       AGED ABOUT 53 YEARS
       R/O HORAHALLI VILLAGE
       KASABA HOBLI
       PANDAVAPURA TALUK
       MANDYA DISTRICT

3.     H.R.VIDHYADHARA
       S/O C.RAMACHAR
       AGED ABOUT 48 YEARS
       R/O HORAHALLI VILLAGE
       KASABA HOBLI
       PANDAVAPURA TALUK
4.     S.R.YOGANNA
       S/O C.RAMACHAR
       SINCE DEAD BY HIS LRs.,

4(A). SMT.NANDINI
      W/O LATE YOGANNA @ YOGACHARI
      AGED ABOUT 44 YEARS
                             2



4(B). KUMARI YASHASHWINI
      W/O LATE YOGANNA @ YOGACHARI
      AGED ABOUT 19 YEARS

4(C). MASTER SUBHASH @ SUBBU
      S/O LATE YOGANNA @ YOGACHARI
      AGED ABOUT 17 YEARS
      THE L.R.4© IS MINOR AND
      REPRESENTED BY THE GUARDIAN
      I.E., THEIR MOTHER AND NEXT FRIEND
      SMT.NANDINI
      ALL ARE RESIDING AT
      HAROHALLI VILLAGE
      KASABA HOBLI
      KURUBARA BEEDI
      PANDAVAPURA TOWN
      MANDYA DISTRICT
5.    H.R.JANARDHANA
      S/O C.RAMACHAR
      AGED ABOUT 41 YEARS
      R/O HAROHALLI VILLAGE
      KASABA HOBLI
      PANDAVAPURA TALUK
6.    H.R.PUSHPALATHA
      D/O C.RAMACHAR
      AGED ABOUT 39 YEARS
      R/O HAROHALLI VILLAGE
      KASABA HOBLI
      PANDAVAPURA TALUK

                                      ...PETITIONERS

(BY SRI.NITHISH, ADVOCATE FOR
SRI.K.V.NARASIMHAN, ADVOCATE)

AND
                             3



1.   SRI.BETTACHARI
     SINCE DEAD BY HIS LRS.

1(A). SMT.GOWRAMMA
      W/O LATE BETTACHARI
      AGED ABOUT 66 YEARS

1(B). SRI.CHANDRASEKHAR H.B.
      S/O LATE BETTACHARI
      AGED ABOUT 46 YEARS

     LRS 1(A) TO 1(C) ARE
     RESIDING AT
     HAROHALLI VILLAGE
     KASABA HOBLI
     KURUBARA BEEDI
     PANDAVAPURA TOWN
     MANDYA DISTRICT

2.   SRI.RUKMANGADACHARI
     S/O LATE PUTTASWAMACHARI
     AGED ABOUT 57 YEARS
     R/O HAROHALLI VILLAGE
     KASABA HOBLI
     PANDAVAPURA TALUK
     MANDYA DISTRICT

                                   .....RESPONDENTS

(BY SRI.DWARAKANATH H.S., ADVOCATE FOR
R.1(A TO C) AND R.2)

      THIS REVIEW PETITION IS FILED UNDER ORDER
XLVII RULE 1 OF CPC., PRAYING THIS HON'BLE COURT BE
PLEASED     TO    A)    CALL   FOR    RECORDS    IN
R.S.A.NO.878/2007 ON THE FILE OF HIS HON'BLE COURT
AND ETC.,
                                  4



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

                              ORDER

The captioned review petition is filed seeking

review of the judgment and decree dated 17.07.2020

passed in RSA No.878/2007.

2. The learned counsel appearing for the

respondents has placed on record the order of the

Hon'ble Apex Court passed in Special Leave Petition

No.1706/2021. Perused the order. This Court would

find that the Hon'ble Apex Court has declined to

interfere with the order under challenge. What

emerges from the records is that this review petition

is filed after having suffered decree at the hands of

the Hon'ble Apex Court. There is no error apparent on

the face of the records. The grounds urged in the

review petition cannot be entertained. If it is

permitted, the same would amount to granting a leave

to the review petitioner to re-litigate the issue, which

is already put to rest on merits. It does not warrant

any interference at the hands of this Court.

Accordingly, the review petition is dismissed.

Sd/-

JUDGE

NBM