Smt Shanthi vs Smt K R Vasantha
2023 Latest Caselaw 3896 Kant

                                               -1-
                                                       NC: 2023:KHC:22785
                                                           RP No. 284 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 3RD DAY OF JULY, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                               REVIEW PETITION NO. 284 OF 2023

                   BETWEEN:

                   1.    SMT. SHANTHI
                         W/O MAHADEVA,
                         D/O LATE R. SOMU,
                         AGED ABOUT 80 YEARS,
                         R/AT NO.1/130/2, ROAD NO.5,
                         KAMALANAGAR,
                         HYDERABAD-500 062.

                   2.    SMT. RATHNAMMA
                         W/O LATE VEDAPRAKASH,
                         AGED ABOUT 67 YEARS,

                   3.    SRI S.S. VINOD @ V. DINESH
                         S/O VEDAPRAKASH,
                         AGED ABOUT 49 YEARS,
Digitally signed
by SHARANYA T
Location: HIGH           THE PETITIONERS NO.2 AND 3 ARE
COURT OF                 R/AT NO.201, 2ND MAIN,
KARNATAKA
                         JAYALAKSHMIPURAM,
                         MYSORE-560006.
                                                             ...PETITIONERS

                                (BY SRI. VIJAY KUMAR T., ADVOCATE)
                   AND:

                   1.    SMT. K.R. VASANTHA
                         W/O LATE S.R. CHANDRASHEKAR,
                         AGED ABOUT 69 YEARS,
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                                           NC: 2023:KHC:22785
                                                  RP No. 284 of 2023




2.   SMT. C. KAVITHA
     D/O LATE S R CHANDRASHEKAR,
     AGED ABOUT 51 YEARS,

     BOTH RESPONDENTS
     R/AT NO.129, 5TH MAIN,
     4TH BLOCK, 2ND PHASE,
     BSK 3RD STAGE,
     BANGALORE-560 085.
                                                      ...RESPONDENTS

     THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER 47 RULE 1 OF CPC, PRAYING TO PASS AN
ORDER ALLOWING THE PRESENT REVIEW PETITION SEEKING
REVIEW OF THE JUDGMENT DATED 06/03/2023 PASSED BY
THIS COURT IN R.S.A. NO.1170/2021 (PAR) ONLY IN SO FOR
AS 1/4TH SHARE INSTEAD OF 1/3RD SHARE, IN THE INTEREST
OF JUSTICE AND EQUITY.

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

                               ORDER

This review petition is filed to review the judgment and

order dated 06.03.2023 passed by this Court in

R.S.A.No.1170/2021.

2. Heard the learned counsel appearing for the

petitioners.

3. The learned counsel appearing for the review

petitioners would submit that there was a typographical error

NC: 2023:KHC:22785 RP No. 284 of 2023

crept in R.S.A.No.1170/2021 at paragraph No.15 of the

judgment.

4. This Court in R.S.A.No.1170/2021 at paragraph

No.15 has observed that having perused the material available

on record and also the reasoning given by both the Trial Court

as well as the First Appellate Court had given anxious

consideration to the material on record and hence, rightly came

to the conclusion that the plaintiffs are entitled for 1/3rd share

in the suit schedule property. Instead of mentioning 1/4th, it is

mentioned as 1/3rd. Hence, the same is corrected by reviewing

the order as 1/4th instead of 1/3rd in paragraph No.15 of the

judgment.

5. Accordingly, the Review Petition is allowed.

Sd/-

JUDGE

CP