Ananda vs Sannahuchhegowda
2022 Latest Caselaw 5378 Kant

                        1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 24TH DAY OF MARCH 2022

                     BEFORE

        THE HON'BLE MR.JUSTICE R. NATARAJ

         REVIEW PETITION NO.256 OF 2021

BETWEEN:

1.   ANANDA
     S/O. HUCHEGOWDA,
     AGED ABOUT 30 YEARS,
     RESIDING AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135

2.   NAGESHA
     S/O. LATE HUCHEGOWDA,
     AGED ABOUT 29 YEARS,
     RESIDING AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135.

3.   SHASHIKUMARA
     S/O. LATE HUCHEGOWDA,
     AGED ABOUT 28 YEARS,
     RESIDING AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135.
                                  ...PETITIONERS

(BY SRI: H. MOHAN KUMAR, ADVOCATE)
                         2




AND :


1.   SANNAHUCHHEGOWDA
     S/O. LATE LAKKEGOWDA,
     AGED ABOUT 63 YEARS,
     R/AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135

2.   APPAJI GOWDA
     S/O. CHIKKEGOWDA,
     AGED ABOUT 67 YEARS,
     RESIDING AT
     GUMMANAHALLI VILLAGE,
     SALIGRAMA HOBLI,
     K.R. NAGARA TALUK,
     MYSORE DISTRICT-571 604

3.   SUNANDAMMA
     W/O. CHIKKEGOWDA,
     AGED ABOUT 47 YEARS,
     RESIDING AT
     GUMMANAHALLI VILLAGE,
     SALIGRAMA HOBLI,
     K.R. NAGARA TALUK,
     MYSORE DISTRICT-571 604.

4.   KAMALAMMA
     W/O. BEEREGOWDA,
     AGED ABOUT 57 YEARS,
     R/AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135
                         3




5.   MANJA
     S/O. BEEREGOWDA,
     AGED ABOUT 27 YEARS,
     R/AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135.

6.   KUMARA
     S/O. BEEREGOWDA,
     AGED ABOUT 28 YEARS,
     R/AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135

7.   NAGA
     S/O. BEEREGOWDA,
     AGED ABOUT 27 YEARS,
     R/AT HAMPAPURA VILLAGE,
     RAMANATHAPURA HOBLI,
     ARAKALAGUDU TALUK,
     HASSAN DISTRICT-573 135

                                ... RESPONDENTS

(BY SMT: NIRMALA JAYARAM., ADVOCATE FOR R1
         R2, R3, R4, R5, R6 AND R7 ARE SERVED)
                       --------

     THIS REVIEW PETITION IS FILED UNDER ORDER
47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER
DATED    31/03/2021   IN   RSA    NO.  20/2019,
CONSEQUENTLY RESTORE THE SECOND APPEAL FOR
HEARING IT AFRESH, IN THE INTEREST OF JUSTICE
AND EQUITY.
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     THIS REVIEW PETITION COMING ON                 FOR
ADMISSION THIS DAY, THE COURT MADE                  THE
FOLLOWING:-
                        ORDER

This review petition is filed to review the judgment

passed by this Court in RSA No.20/2019.

2. The petitioners contend that this court while

disposing of the appeal had observed that the suit

property was "undisputedly an ancestral property",

which fact was disputed by them in their written

statement. Learned counsel therefore seeks for review

of the judgment dated 31.03.2021.

3. The remedy of a review petition is not to be

treated as an appeal against the order passed by this

Court. The power of the Court to review its judgment is

meant to correct the errors apparent on the face of

record.

I do not find any error apparent on the face of

record.

Hence, the review petition is dismissed.

Sd/-

JUDGE

*mn/-