Karnataka High Court
Majidkhan S/O Dilerkhabn Biradar vs Dillerkhan S/O Abdulkarimkhan ... on 27 July, 2023
Bench: Pradeep Singh Yerur
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RP No. 100044 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
REVIEW PETITION NO. 100044 OF 2023 (-)
BETWEEN
MAJIDKHAN S/O. DILERKHABN BIRADAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: AT OLD BUNGALOW, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
... PETITIONER
( BY SRI CHETAN T. LIMBIKAI, ADVOCATE)
AND
1. DILERKHAN S/O. ABDULKARIMKHAN BIRADAR,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O: OLD BUNGALOW, SAVANUR,
TALUKA: SAVANUR, DIST: HAVERI-581118.
ROHAN 2. FAZAL MOHAMMEDKHAN,
HADIMANI
T S/O. ABDULKARIMKHAN BIRADAR,
Digitally signed by
ROHAN
HADIMANI T
AGE: 23 YEARS, OCC: AGRICULTURE,
Location: High
Court of
Karnataka,
Dharwad
R/O: OLD BUNGALOW, SAVANUR,
TALUKA: SAVANUR, DIST: HAVERI-581118.
3. ABDUL RAHEEMKHAN,
S/O. ABDUL RASHIDKHAN BIRADAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: OLD BUNGALOW, SAVANUR,
TALUKA: SAVANUR, DIST: HAVERI-581118.
4. MAHABOOBALIKHAN,
S/O. DILKERKHAN BIRADAR,
AGE: 60 YEARS, OCC: AGRICULTURE,
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R/O: OLD BUNGALOW, SAVANUR,
TALUKA: SAVANUR, DIST: HAVERI-581118.
5. VALI MOHAMMEDKHAN,
S/O. DILERKHABN BIRADAR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: OLD BUNGALOW, SAVANUR,
TALUKA: SAVANUR, DIST: HAVERI-581118.
6. NIYAZ MOHAMMADKHAN,
S/O. DILERKHABN BIRADAR,
AGE: 54 YEARS, OCC: BUSINESS,
R/O: OLD BUNGALOW, SAVANUR,
TALUKA: SAVANUR, DIST: HAVERI-581118.
7. TABAREZKLHAN S/O. KHASAMKHAN BIRADAR,
AGE: 56 YEARS, OCC: AGRICULTURE
R/O: OLD MAHAL COURT ROAD, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
VALI MOHAMMADKHAN KHASAMKHAN BIRADAR,
(SINCE DECEASED BY HIS L.R'S)
8. ABDULRAHIMAN
SON OF VALIMAHAMMADKHAN BIRADAR,
AGE: 30 YEARS, OCC: BUSINESS,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DIST: HAVERI-581118.
9. AMAJADKHAN S/O. KHASAMKHAN BIRADAR,
AGE: 48 YEARS, OCC: AGRICULTURE.
R/O: COURT ROAD, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
HAMIDKHAN S/O. KHASAMKHAN BIRADAR,
(SINCE DECEASED BY HIS L.R'S)
10. SMT. SALMABEGUM,
WIFE OF HAMEEDKHAN BIRADAR,
AGE: 49 YEARS, OCC: HOUSE WORK,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
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11. KHASIM-FAISAKHAN,
SON OF HAMEEDKHAN BIRADAR,
AGE: 26 YEARS, OCC: BUSINESS,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
12. NAJIYABEGUM
DAUGHTER OF HAMEEDKHAN BIRADAR,
AGE: 24 YEARS, OCC :BUSINESS,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
RIYAZKHAN S/O. RAUFKHAN BIRADAR,
(SINCE DECEASED BY HIS L.R'S)
13. SMT. REHANBEGUM,
WIFE OF RIYAZAKHAN BIRADAR,
AGE: 70 YEARS, OCC: HOUSE WORK,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
14. ALMASBEGUM WIFE OF VAHIDKHAN HAKIM,
AGE: 50 YEARS, OCC: HOUSE WORK,
RESIDING AT BAAR IMAM KARVIR APARTMENT,
PLOT NO. F-I, KOLHAPUR,
DISTRICT: KOLHAPUR, MAHARASHTRA-416001.
15. AQDASBGUM WIFE OF RASIDKHAN BIRADAR,
AGE: 47 YEARS, OCCUPATION: HOUSE WORK,
RESIDING AT BADKI KAMAL HYDAR MASJID,
M.G. ROAD, HUBLI, DISTRICT: DHARWAD-580001.
16. ULFHATKHAN SON OF RIYAZAKHAN BIRADAR,
AGE: 44 YEARS, OCCUPATION: BUSINESS,
RESIDING AT MANJUNATH NAGAR, GOKUL ROAD,
HUBLI, DISTRICT: HAVERI-581118.
17. ISHRATKHAN SON OF RIYAZAKHAN BIRADAR,
AGE: 42 YEARS, OCCUPATION: BUSINESS,
RESIDING AT KAMALABANGADI STREET, SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
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18. MAZHARABEGUM WIFE OF IMRANKHAN KITTUR,
AGE:40 YEARS, OCCUPATION: HOUSE WORK,
RESIDING AT MALAMADDI,
NEAR SHUSHRUTA HOSPITAL, DHARWAD,
DISTRICT: DHARWAD-580001.
19. ALTAFKHAN S/O. RAUFKHAN BIRADAR,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: KAMAL BANGADI, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
20. AQALAQUEKHAN S/O. RAUFKHAN BIRADAR,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: KAMAL BANGADI, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
21. ATELKHAN S/O. RAUFKHAN BIRADAR,
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O: SAVANUR,
TQ: SAVANUR, DIST:HAVERI-581118.
TABAREZKHAN S/O. AHMEDKHAN BIRADAR,
AGE: (SINCE DECEASED BY HIS L.R'S)
22. SMT. KAMARATAJ TABREZAKHAN BIRADAR,
AGE: 72 YEARS, OCC: HOUSE WORK,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
23. NAVEEDAHAMMADKHAN
SON OF TABREZKHAN BIRADAR,
AGE: 37 YEARS, OCC: BUSINESS,
RESIDING AT SAVANUR, TALUKA: SAVANUR,
DISTRICT:HAVERI -581118.
24. TANZILJAHAN WIFE OF HASSAN SHAIKH,
AGE: 39 YEARS, OCCUPATION: HOUSE WORK,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
25. JUNEDKHAN SON OF TABREZAKHAN BIRADAR,
AGE: 32 YEARS, OCCUPATION: BUSINESS,
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RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
26. AFAZALKHAN S/O. AHMEDKHAN BIRADAR,
AGE: 53 YEARS, OCC: BUSINESS,
R/O: BELGAUM AZAD NAGAR,
BELAGAVI-590001.
27. MAJIDKHAN S/O. AHMEDKHAN BIRADAR,
AGE: 5O YEARS, OCC: BUSINESS,
R/O: SAVANUR, TQ: SAVANUR, DIST: HAVERI-581118.
ABDULWAHIDKHAN S/O. HAKIMKHAN BIRADAR,
(SINCE DECEASED BY HIS L.RS).
28. SMT. SHAHERABEGUM,
WIFE OF ABDULVAHIDKHAN BIRADAR,
AGE: 74 YEARS, OCC: HOUSE WORK,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
29. SHABEERA WIFE OF JAVEEDAHAMMAD JAGIRADAR,
AGE: 50 YEARS, OCC: HOUSE WORK,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
30. RASHEEDKHAN,
SON OF ABDULVAHIDKHAN BIRADAR,
AGE: 49 YEARS, OCCUPATION: BUSINESS,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
31. MAJEEDKHAN,
SON OF ABDULVAHIDKHAN BIRADAR,
AGE: 49 YEARS, OCC: BUSINESS,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
32. SMT. FATIMA WIFE OF AKABARKHAN PATHAN,
AGE: 42 YEARS, OCC: HOUSE WORK,
RESIDING AT SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
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33. SMT. SHAHAZAD BEGUM URF RAHAMATKHATIB,
W/O. MUSTAQKHAN BIRADAR,
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O: KAMALABANGADI ONI, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
34. MUSTAQKHAN S/O. FIROZKHAN BIRADAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O: KAMALABANGADI ONI SAVANM,
TQ: SAVANUR, DIST: HAVERI-581118.
35. THE STATE OF KARNATAKA,
REPRESENTED BY DEPUTY COMMISSIONER,
HAVERI, DISTRICT: HAVERI-581118.
36. THE ASSISTANT COMMISSIONER,
SAVANUR, SUB-DIVISION, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
37. THE DEPUTY COMMISSIONER, DHARWAD,
DISTRICT: DHARWAD-580001,
(IN CHARGE OF COURT OF WARDS).
38. THE UPPER DEPUTY COMMISSIONER,
DHARWAD, DISTRICT: DHARWAD-580001.
39. THE TAHASILDAR SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
40. ZAKIRA BEGUM REHMANKHAN AFRIDI,
AGE: 61 YEARS, OCC: HOUSEHOLD,
R/O: HONNALLI,
TALUKA & DISTRICT: DAVAGERE-577001.
41. MAZIRA BEGUM ABDULKARIM BIRADAR,
AGE ABOUT 59 YEARS, OCC: HOUSEHOLD,
R/O: SAVANUR, TALUKA: SAVANUR-581118.
42. HAZIRA BEGUM ABDULKARIM BIRADAR,
AGE: 59 YEARS, OCC: HOUSEHOLD,
R/O: SAVANUR, TALUKA: SAVANUR-581118.
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43. KUBRA BEGUM TABREZKHAN BIRADAR,
AGE ABOUT 50 YEARS, OCC: HOUSEHOLD,
R/O: SAVANUR, TALUKA: SAVANUR-581118.
44. SOGRA BEGUM AFZALKHAN BIRADAR,
AGE ABOUT 47 YEARS, OCC: HOUSEHOLD,
R/O: BELGAUM-590001.
45. AMADI BIDI MOHAMMED MUNIRKHAN KITTUR,
AGE:45 YEARS, OCC: HOUSEHOLD,
R/O: DHARWAD-580001.
46. AMIRABI BARKATKHAN,
AGE: ABOUT 40 YEARS,
OCC:HOUSEHOLD,
R/O: RANEBENNUR, DIST: HAVERI-581118.
47. SALEHA BEGUM FAYAZKHAN BIRADAR,
AGE ABOUT 56 YEARS, OCC: HOUSEHOLD,
R/O: HUBBALLI-580009.
48. SALMA BEGUM MEHABOOBALI KHAN BIRADAR,
AGE ABOUT 53 YEARS, OCC: HOUSEHOLD,
R/O: SAVANUR, TALUKA: SAVANUR-581118.
49. SABERA BEGUM BARKAT FARUQI,
AGE ABOUT 60 YEARS, OCC: HOUSEHOLD,
R/O: SAVANUR, TALUKA: SAVANUR-581118.
50. FARIDA BEGUM MOHAMMEDKHAN BIRADAR,
AGE ABOUT 58 YEARS, OCC: HOUSEHOLD,
R/O: HUBBALLI-580009.
51. ASIYA BEGUM MAINODDIN MANSABADAR,
AGE ABOUT 65 YEARS, OCC: HOUSEHOLD,
R/O HUBBALLI-580009.
52. RAZIYA BEGUM MOHEMMEDGOUS SOUDAGAR,
AGE ABOUT 65 YEARS, OCC: HOUSEHOLD,
R/O: BELGAUM-590001.
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53. TEHARA BEGUM AHMEDKHAN PATHAN,
AGE ABOUT 61 YEARS, OCC: HOUSEHOLD,
R/O: SAVANUR, TALUKA: SAVANUR-581118.
54. ZIA SULTANA BEGUM FAQRUDDIN SAYED,
AGE ABOUT 57 YEARS, OCC: HOUSEHOLD,
R/O: BELGAUM-590001.
55. SAHEDEA BEGUM SHERKHAN SOUDAGAR,
AGE ABOUT 56 YEARS, OCC: HOUSEHOLD,
R/O: BELGAUM-590001.
56. SALMA BEGUM IBRAHIM QUADRI,
AGE ABOUT 54 YEARS, OCC: HOUSEHOLD,
R/O: BELGAUM-590001.
57. JAGADEESH S/O. MAHARUDRAPPA SAIBANNAVAR,
AGE: 49 YEARS, OCC: BUSINESS,
R/O: KORIPETH, SAVANUR,
TQ: SAVANUR, DIST: HAVERI-581118.
58. BASAVARAJ S/O. MAHARUDRAPPA SAIBANNAVAR,
AGE:53 YEARS, OCC: BUSINESS,
R/O: KORIPETH, SAVANUR,
TALUKA: SAVANUR, DISTRICT: HAVERI-581118.
59. SRI RAVISHANKAR S/O. LATE PUDALIKSA HABIB,
AGE: 53 YEARS, OCC: BUSINESS,
R/O: J.C. NAGAR, NEAR TOWN HALL,
4TH CROSS, HUBBALLI-580009.
60. SRI GOVARDHAN S/O. LATE PUDALIKSA HABIB,
AGE: 53 YEARS, OCC: BUSINESS,
R/O: J.C. NAGAR, NEAR TOWN HALL,
4TH CROSS, HUBBALLI-580009.
61. SMT. PATMAVADI @ PADMAVATIBAI,
W/O. ANANTARAJ HARARE,
AGE: 86 YEARS,
R/O: &NO.39;C&NO.39; 5346,
MAHAVEERGALLI, HUBBALLI-580009.
...RESPONDENTS
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RP No. 100044 of 2023
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER XLVII RULE 1 OF CPC PRAYING TO
REVIEW THE ORDER DATED 28.06.2023 IN WRIT PETITION
NO. 103394/2023 AND ALLOW THE REVIEW PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel Sri Chetan T. Limbikai for
review petitioner. He has filed this review petition under
Section 114 read with Order XLVII rule 1 of CPC to review
the order dated 28.06.2023 passed by this Court in
WP.No.103394/2023.
2. It is the contention of learned counsel for the
review petitioner that the petitioner along with other
plaintiff in O.S.No.118/2010 filed for relief of declaration
and injunction seeking to claim that they are the legal
heirs of deceased-Smt. Nawaaz Khatu W/o. Dilerkhan
Biradar Nawaab of Savanur. In the said suit, an application
came to be filed by applicants to implead themselves as
defendant Nos.8 to 24, which came to be allowed as the
plaintiff did not object to the same and defendant Nos.8 to
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24 were impleaded. Subsequently, during the course of
suit proceedings defendant No.8 therein died on
02.05.2021. Thereafter, plaintiff filed an application to
bring the legal representatives of defendant No.8 on
record. This application numbered as I.A.No.31 which
came to be rejected by the trial Court. Aggrieved by
which, the present review petitioner filed a writ petition in
Writ Petition No.103394/2023. The said writ petition was
heard by this Court and considering the fact that in the
original suit preferred by the plaintiff in O.S.No.118/2010,
there was no relief or claim made against defendant No.8
the question of bringing legal heirs of defendant No.8
would not arise accordingly dismissed the writ petition.
3. The petitioner in writ petition is before this Court
seeking to review the order on the ground that a similar
writ petition came to be filed in WP.No.104426/2023 with
regard to the same petitioner seeking to implead as legal
heirs of deceased-defendant No.17 to be proper and
necessary party in the suit. It is contended by learned
counsel for the review petitioner that the said writ petition
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came to be allowed by this Court vide order dated
20.07.2023. He further contended that in the writ petition
stated supra, the very same claim was made as against
the defendant No.17 to bring on record the legal heirs of
defendant No.17, they would make subsequent claim so
made by plaintiff in O.S.No.118/2010, wherein he seeking
a declaratory relief with regard to the plaintiff being the
legal heir of one Smt.Nawaaz Khatu W/o. Dilerkhan
Biradar Nawaab of Savanur. Therefore, the learned
counsel contends that the issue being the same in
subsequent writ petition which was allowed by this Court.
He seeking an order of review of order passed by this
Court in Writ Petition No.103394/2023 as this Court has
permitted the legal heirs of deceased-defendant No.17 to
be brought on record in the subsequent writ petition,
which dismissed the application filed earlier to bring the
legal heirs of defendant No.8 on record.
4. Having heard the learned counsel for the review
petitioner, I do not find any need or necessity to issue
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notice to respondents as this Court not inclined to favour
the petitioner.
5. However, it is relevant to mention here that
what was argued in the Writ Petition No.104426/2023 was
not canvassed or argued in Writ Petition No.103394/2023,
nevertheless petitioner is at liberty to take this plea in the
appeal.
6. The scope of review petition is limited. It is no
more res integra that while considering the review
petition under Section 114 read with Order XLVII Rule (1)
of CPC, this Court cannot go on the merits of the matter or
consider the review petition like an appeal.
7. Order XLVII Rule (1) of CPC reads as under :
"1. Application for review of judgment:
(1) Any person considering himself aggrieved-
(a) by a decree or Order from which an appeal is
allowed, but from which no appeal has been
preferred,
(b) by a decree or Order from which no appeal is
allowed, or
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(c) by a decision on a reference from a Court of
Small Causes, and who, from the discovery of new
and important matter or evidence which, after the
exercise of due diligence was not within his
knowledge or could not be produced by him at the
time when the decree was passed or Order made,
or on account of some mistake or error apparent
on the face of the record of for any other sufficient
reason, desires to obtain a review of the decree
passed or Order made against him, may apply for
a review of judgment to the Court which passed
the decree or made the Order."
8. In the order of writ petition, there is no error i.e.,
brought out by the learned counsel for the review
petitioner which requires reconsideration by way of review
order except to state that the subsequent writ petition of a
similar relief for bringing legal representatives of deceased
defendant No.17 came to be allowed. The present review
petition is filed to recall and review the order which was
passed one month prior to the order in Writ Petition
No.104426/2023, the same cannot be permitted in review
petition. The petitioner may have remedy in the appeal
proceedings to make such a stake / claim, but not in the
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review petition in view of the limited scope available under
Order XLVII rule 1 of CPC. Under the circumstances, there
being no error apparent on the face of record of the order
dated 28.06.2023 passed in Writ Petition No.103394/
2023, this Court is not inclined to interfere with the same.
Accordingly, I pass the following :
ORDER
(i) The review petition is dismissed.
(ii) Liberty is reserved to the petitioner to
file an appeal on the above stated
grounds.
Sd/-
JUDGE
CKK
