Karnataka High Court
Chikkavenkatamma vs Sri R Nagaraja on 24 May, 2022
Bench: K.S.Mudagal
R.P.No.458/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
REVIEW PETITION NO.458/2017
IN
R.S.A. NO.1244/2004
BETWEEN:
1 . CHIKKAVENKATAMMA
SINCE DEAD BY LRS,
1. THIMMAIAH S/O VENKATAKRISHNA,
MAJOR,
R/AT GEREHALLI, KASABA HOBLI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA DISTRICT
2 . VENKATAPATHI
S/O VENKATAKRISHNA,
MAJOR,
R/AT GEREHALLI, KASABA HOBLI,
CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA DISTRICT
... PETITIONERS
(BY SMT. ARCHITA SURESH, ADV. FOR
SRI. K.V.NARASIMHAN AND SRI. K.N.NITISH, ADVS.)
AND
1. SRI R NAGARAJA
S/O. RAMAIAH,
MAJOR,
R/AT DODDA BHAJE, MANE ROAD, CHIKKABALLAPURA
TALUK,
CHIKKABALLAPURA DISTRICT
SINCE DECEASED 1(A) SRI. MUNINARAYANAPPA,
S/O LATE RAMAIAH, MAJOR,
R.P.No.458/2017
2
1(B) SRI. MUNIYAPPA, S/O LATE RAMAIAH, MAJOR,
1(C) SRI. RAMESH, S/O LATE RAMAIAH, MAJOR
ALL ARE R/A NO. 3, M.G. ROAD,
DURGAMAHAL, CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA DISTRICT.
2. KRISHNAMMA
MAJOR,
D/O. VENKATARAMANAPPA,
R/AT GERAHALLI, KASABA HOBLI,
CHIKKABALLAPURA
3. G. VARALAXMI
W/O PUTTAPPA, MAJOR
R/A KUDUVATHI, NANDI HOBLI
CHIKKBALLAPURA TALUK,
CHIKKABALLAPURA DISTRICT
...RESPONDENTS
(BY SRI. J.R. JAGADISH, ADV. FOR R1 (B AND C)
V/O DTD 23/3/2018 SERVICE OF NOTICE TO R3 IS HELD
SUFFICIENT, R2 IS SERVED, V/O DTD. 7.4.2022 PETITION
AGAINST R1(A) IS DISMISSED AS ABATED)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 OF CPC, PRAYING THIS COURT TO REVIEW THE ORDER
DATED 20/03/2017 PASSED IN RSA NO.1244/2004 (SP), ON
THE FILE OF THE HIGH COURT OF KARNATAKA, BENGALURU.
THIS REVIEW PETITION PERTAINING TO PRINCIPAL
BENCH COMING ON FOR ORDERS THIS DAY, THE COURT
SITTING AT DHARWAD BENCH THROUGH VIDEO
CONFERENCING MADE THE FOLLOWING:
ORDER
IA 1/2022 for condonation of delay is redundant as
the petitioners are entitled to the benefit of order of
extension of time granted during the Covid time.
Therefore, IA 1/2022 is disposed of as redundant.
R.P.No.458/2017
2. Heard.
3. In this petition, the petitioners are seeking
review of the judgment of this Court dated 20.03.2017 in
RSA No.1244/2004 (SP) whereunder the appeal of the
petitioner is dismissed.
4. The original proceedings were of the year
1992. The trial Court had dismissed the suit of the
respondents-plaintiffs for specific performance of
agreement of sale. The First Appellate Court in RA
No.15/1999 reversed the said judgment and allowed the
appeal, against which the petitioners preferred RSA
No.1244/2004 (SP). This Court on considering all the
contentions raised by the parties by judgment dated
20.03.2017, dismissed the appeal.
5. It is material to note that at the first instance,
RSA No.1244/2004 (SP) was allowed by this Court.
Subsequently, in R.P.No.82/2013 filed by the respondents,
the said order was recalled by allowing the review petition.
The petitioners challenged that order before the Hon'ble
Supreme Court in SLP(Civil) No.1669/2015 which came to
be dismissed on 07.01.2015.
R.P.No.458/2017
6. It is also material to note that this Court held
that in terms of the agreement of sale, the respondents
were put in possession of the property. Further, the
respondents filed Execution Petition No.3/2006 to execute
the decree passed by the First Appellate Court. In
execution of the said decree sale deed was executed as
long as back on 06.01.2007. There was delay in filing the
second appeal also.
7. This Court by detailed considered judgment
dismissed the appeal. In the guise of review petition the
petitioners are trying to convert this Court into the
Appellate Court against its own judgment. There is no
chance of petitioners succeeding in the petition. In view of
the facts and circumstances narrated above, this Court is
of the opinion that, no purpose will be served even if the
delay is condoned. The reasons assigned to condone the
delay in filing the petition are not convincing.
8. Therefore, IA 1/2017 and consequently, review
petition and other pending IAs are dismissed.
Sd/-
JUDGE
Vmb
