Jabarchand vs Ramula Sannidhi
2023 Latest Caselaw 6854 Kant

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                                                           NC: 2023:KHC:35306
                                                           RP No. 344 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 27TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                               REVIEW PETITION NO. 344 OF 2023
                                             IN
                                    CRP NO.295/2016 (SC)
                                            C/W.
                                    CRP NO.19/2017 (SC)
                   BETWEEN:

                         JABARCHAND
                         S/O LATE P. RATHNACHAND
                         AGED ABOUT 78 YEARS,
                         R/O. NO.3, SEPPINGS ROAD
                         WARD NO.79,
                         BENGALURU-560 001.

                                                                ...PETITIONER

                              (BY SRI JABARCHAND, PARTY-IN-PERSON)
Digitally signed   AND:
by SHARANYA T
Location: HIGH     1.    RAMULA SANNIDHI
COURT OF
KARNATAKA                NO.115, DHARMARAJA KOLI STREET,
                         BENGALURU - 560 001
                         REPRESENTED BY ITS
                         YAJAMAN DHARMAKARTHA GADI,
                         P.SRINIVASA AND DHARMAKARTHA,
                         B.G.PADMANABHAN.
                                                               ...RESPONDENT

                        THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
                   1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER
                   PASSED BY THIS HON'BLE COURT IN CIVIL REVISION
                   PETITION NO.295/2019(SC) C/W CRP NO.19/2017 (SC) DATED
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                                         NC: 2023:KHC:35306
                                        RP No. 344 of 2023




28.06.2023 AND PASS ANY OTHER SUCH RELIEF/S DEEMS FIT
ON THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.

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

This Review Petition is filed by the party in person

and the counsel Sri.G.Arudra Rao appeared through V.C

before the Court and he makes the submission that the

S.L.P is filed before the Apex Court against the judgment

of this Court and matter was listed and notice was issued

and date is fixed 9th day of October-2023 and he is the

Advocate on record before the Hon'ble Supreme Court.

2. The counsel make the submission that this

may be kept in abeyance and once the appeal is filed

before the Apex Court, question of keeping the review

petition in abeyance does not arise and law does not

permit him to file an appeal as well as review petition

before this Court and he cannot take chance before this

Court as well as the Apex Court.

NC: 2023:KHC:35306 RP No. 344 of 2023

3. Hence, the very review petition is not

maintainable in view of the appeal is filed before the Apex

Court. Hence, review petition is dismissed.

Sd/-

JUDGE

RHS