K M Aliyulla Khan, Since Presumed ... vs R Sarvesha Murthy
2022 Latest Caselaw 11041 Kant

                          1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JULY, 2022

                      BEFORE

    THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

                 R.P.No.392/2022

BETWEEN:

1 . K.M.ALIYULLA KHAN,
    SINCE PRESUMED DEAD BY LRs

   SMT. YASMIIN ALI KHAN
   AGED ABOUT 54 YEARS,
   W/O KHURRAM AAZUDDIN,
   D/O K.M.ALIYULLA KHAN,
   R/O DOOR NO 3, 7TH CROSS
   ABDUL RAHIMAN ROAD,
   OPP. STONE PARK, UDAYAGIRI
   MYSURU -570 019

2 . HIDAYATH ALI KHAN
    AGED ABOUT 53 YEARS,
    S/O K.M.ALIYULLA KHAN,
    R/O HURA ROAD, NANJANGUD TOWN
    MYSORE DISTRICT- 571 301

3 . SADATH ALI KHAN
    AGED ABOUT 51 YEARS,
    S/O K.M.ALIYULLA KHAN,
    R/O HURA ROAD, NANJANGUD TOWN
    MYSORE DISTRICT- 571 301
                                 ... PETITIONERS

(BY SRI M.T.NANAIAH, SR. COUNSEL FOR
    SRI.BALASUBRAMANYA, ADV.)
                             2



AND:

1.     R.SARVESHA MURTHY
       S/O.M.S.REVANNA MURTHY
       AGED ABOUT 48 YEARS
       MAMBALLY VILLAGE & POST
       NANJANGUD TALUK-571 301

2.     M.S.REVANNA DEVARU
       S/O.LATE SHIVA BASAVA DEVARU
       SINCE DEAD BY LRS.
       VISHALAKSHAMMANI
       SINCE DEAD BY LRS R-2(a)
       R-2(b) ALREADY ON RECORD

2(a) SHIVABASAVASWAMY
     AGED 60 YEARS

2(b) R.CHIKKANNA SWAMY
     AGED 52 YEARS

2(c) R.SUNDARESHA MURTHY
     AGED 49 YEARS

2(d) R.SARVESHA MURTHY
     AGED 48 YEARS

2(e) R.NAGARAJA MURTHY
     AGED 43 YEARS

2(f)   R.SHASHIDHAR KUMAR
       AGED 41 YEARS

2(g) R.SUMITRA
     AGED 47 YEARS
     W/O.M.S.PALAK SHE MURTHY

2(h) ANNAPURNA
     AGED 55 YEARS
     W/O.B.N.PRABHAKARA SHARMA
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2(i)   MALLIKA
       AGED 46 YEARS

2(j)   MENAKA
       AGED 44 YEARS

       R2(a) TO 2(j) ARE CHILDREN OF
       LATE RESPONDENT NO.2
       AND ARE ALL RESIDENTS OF
       MAMBALLY, YELANDUR TALUK
       CHAMARAJANAGAR DISTRICT-560 019

3.     G.N.AZEESULLA
       S/O.SABJAN SAB
       SINCE DEAD BY LRS.

3(a) SAGIR AHMED
     AGED 55 YEARS
     S/O.AZEEZULLA

3(b) JAVED AHMED
     SINCE DECEASED BY LRS

3(b) (a)    MRS.MASUDA BEGUM
            AGED 55 YEARS

3(b) (b)    NOOR MOHD ALI
            AGED 27 YEARS
            S/O JAVED AHMED

       R-3(a) TO 3(b)(c) ARE ALL RESIDENTS OF
       CITIZEN ENGLISH SCHOOL BUILDING
       KHB COLONY, NANJANGUD
       MYSORE DISTRICT-571 301
                                       ... RESPONDENTS


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 (1) OF THE CODE OF CIVIL PROCEDURE, 1908,
PRAYING TO REVIEW THE JUDGMENT OF THIS HON'BLE
COURT DATED: 28.01.2022 IN RSA NO.2476/2008 (DEC/INJ)
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PRODUCED VIDE ANNEXURE-A AND RECALL THE SAME AND
RESTORE THE APPEAL TO ITS ORIGINAL RECORD FOR
REHEARING AND ETC.

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

                              ORDER

1. Heard the learned counsel for the review petitioner.

2. I find no grounds to review the judgment dated

28.01.2022 on the basis of in argument that the whereabouts

of the appellant were not known since 2014 and hence, a

presumption ought to have been drawn that he was dead and

his legal representatives ought to have been permitted to

prosecute the appeal. Review Petition is, therefore,

rejected.

SD/-

JUDGE

PKS CT:AN