Smt. Madamma (Dead) 1. Sri. ... vs Smt Nanjamma
2022 Latest Caselaw 3724 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 04TH DAY OF MARCH, 2022

                         BEFORE

           THE HON'BLE MR. JUSTICE R. NATARAJ

           REVIEW PETITION NO.42 OF 2022
              IN W.P. NO.17191/2014 (GM-CPC)

BETWEEN:

SMT. MADAMMA (DEAD)

1.     SRI. KARIGOWDA
       S/O LATE NINGEGOWDA
       AGED ABOUT 48 YEAR

2.     SRI MAHADEVA
       S/O LATE NINGEGOWDA
       AGED ABOUT 44 YEARS

       BOTH ARE R/AT
       HYRIGE VILLAGE, KASABA HOBLI
       H.D.KOTE TALUK
       MYSORE DISTRICT -571114
                                           ...PETITIONERS
(BY SRI. V.M.PRASAD, ADVOCATE)

AND:

SMT. NANJAMMA
W/O LATE CHIKKAIAH
AGED ABOUT 77 YEARS,
RESIDING AT HYRIGE VILLAGE,
KASABAHOBLI,
H.D.KOTE TALUK
MYSURU DISTRICT-571114
                                           ...RESPONDENT
                                   2




      THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 OF CPC, PRAYING THIS HONBLE COURT TO REVIEW THE
JUDGMENT DATED 01/12/2021 PASSED IN WP NO. 17191/2014
(GM-CPC) ON THE FILE OF THIS HON'BLE COURT AND GRANT
SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT
DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS
CASE.

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

                             ORDER

This Review Petition is filed to seeking review of the

Order dated 01.12.2021 passed in Writ Petition

No.17191/2014.

2. The learned Counsel for the petitioners submits

that the land claimed by the petitioners and respondent

were distinct and different, but the respondent had

furnished a false boundary to knock off the property and

that this was not considered.

3. Since the writ petition is related to an order

passed under Order XXXIX Rules 1 and 2 of CPC, the

question of permitting the petitioners to reargue the writ

petition in this review petition does not arise.

4. Accordingly, the Review Petition is dismissed.

The petitioners are entitled to urge all the

contentions in the original suit.

Sd/-

JUDGE

NR/-