Karnataka High Court
Sri P Muniraju vs Sri K N Srinivasaiah on 4 April, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
-1-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REVIEW PETITION NO. 126 OF 2024
C/W
RP NO.127/2024, RP NO.128/2024
RP NO.129/2024, RP NO.130/2024
RP NO.131/2024, RP NO.132/2024
RP NO.133/2024
IN RP NO. 126/2024
BETWEEN:
SRI P MUNIRAJU
S/O LATE PILLAPPA,
AGED ABOUT 57 YEARS,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK KOLAR DISTRICT - 563 162
...PETITIONER
Digitally (BY SRI. PRAKASH K A.,ADVOCATE)
signed by
SUMA B N
Location: AND:
High Court of 1. SRI K N SRINIVASAIAH
Karnataka
S/O LATE NEELAKANTAIAH,
AGED ABOUT 77 YEARS,
C/O MR K R MAHESH
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
2. SRI K R MAHESH
S/O SRI K S RAMACHANDRAPPA,
-2-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
AGED ABOUT 42 YEARS,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK
KOLAR DISTRICT - 563 162.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1109/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
IN RP NO. 127/2024
BETWEEN:
SRI. VENKATARAMAPPA
S/O LATE HOLURU MUNISHWAMAPPA,
AGED ABOUT 79 YEARS,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
...PETITIONER
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. SRI K.N. SRINIVASAIAH
S/O LATE NEELAKANTAIAH,
AGED ABOUT 77 YEARS,
C/O MR. K R MAHESH,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TLAUK,
KOLAR DISTRICT - 563 162.
2. SRI. K.R. MAHESH
S/O SRI K S RAMACHANDRAPPA,
AGED ABOUT 42 YEARS,
R/AT KARAHALLI VILLAGE AND POST,
-3-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1110/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
IN RP NO. 128/2024
BETWEEN:
R GOPALAPPA S/O LATE RAMAIAH
SINCE DEAD BY LRS
1. MRS VENKATALAKSHMAMMA
W/O LATE R GOPALAPPA
AGED ABOUT 70 YEARS
2. MR SRINIVAS G
S/O LATE R GOPALAPPA
AGED ABOUT 41 YEARS
3. MRS SAVITHA G
D/O LATE R GOPALAPPA
W/O MR MOHAN
AGED ABOUT 36 YEARS
4. MR PRASAD G
S/O LATE R GOPALAPPA
AGED ABOUT 32 YEARS
5. MR BALAKRISHNA G
S/O LATE R GOPALAPPA
AGED ABOUT 31 YEARS
-4-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
6. MRS PUSHPAVATHI G
D/O LATE R GOPALAPPA
W/O MR SRINIVAS YADAV M R
AGED ABOUT 28 YEARS
ALL ARE R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK
KOLAR DISTRICT - 563 162
...PETITIONERS
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. SRI K N SRINIVASAIAH
S/O LATE NEELAKANTAIAH
AGED ABOUT 77 YEARS
C/O MR K R MAHESH
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK
KOLAR DISTRICT - 563 162.
2. SRI K R MAHESH
S/O SRI K S RAMACHANDRAPPA
AGED ABOUT 42 YEARS,
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1111/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
-5-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
IN RP NO. 129/2024
BETWEEN:
SRI P MUNIRAJU
S/O LATE PILLAPPA,
AGED ABOUT 57 YEARS,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK KOLAR DISTRICT - 563 162
...PETITIONER
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. SRI K N SRINIVASAIAH
S/O LATE NEELAKANTAIAH,
AGED ABOUT 77 YEARS,
C/O MR K R MAHESH
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
2. SRI K R MAHESH
S/O SRI K S RAMACHANDRAPPA,
AGED ABOUT 42 YEARS,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK
KOLAR DISTRICT - 563 162.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1111/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
-6-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
IN RP NO. 130/2024
BETWEEN:
SRI. AGASHAPPA
S/O LATE KURESHAPPA,
AGED ABOUT 76 YEARS,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
...PETITIONER
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. SRI. K N SRINIVASAIAH
S/O LATE NEELAKANTAIAH,
AGED ABOUT 77 YEARS,
C/O MR K R MAHESH,
R/AT KARAHALLI VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
2. SRI. K R MAHESH
S/O SRI K S RAMACHANDRAPPA,
AGED ABOUT 42 YEARS,
R/AT KARHALLI VILLAGE AND POST,
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1114/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
-7-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
IN RP NO. 131/2024
BETWEEN:
SRI. AGASHAPPA
S/O LATE KURESHAPPA
AGED ABOUT 76 YEARS
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK, KOLAR DISTRICT - 563 162
...PETITIONER
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. SRI.K.N. SRINIVASAIAH
S/O LATE NEELAKANTAIAH
AGED ABOUT 77 YEARS
C/O MR K.R. MAHESH
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK KOLAR DISTRICT - 563 162.
2. SRI K.R. MAHESH
S/O SRI. K.S. RAMACHANDRAPPA
AGED ABOUT 42 YEARS
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK KOLAR DISTRICT - 563 162
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1119/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
IN RP NO. 132/2024
BETWEEN:
SRI. VENKATARAMAPPA
S/O LATE HOLURU MUNISHWAMAPPA
-8-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
AGED ABOUT 79 YEARS
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK, KOLAR DISTRICT - 563 162.
...PETITIONER
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. SRI K N SRINIVASAIAH
S/O LATE NEELAKANTAIAH
AGED ABOUT 77 YEARS
C/O MR. K.R. MAHESH
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK KOLAR DISTRICT - 563 162.
2. SRI K.R. MAHESH
S/O SRI. K.S. RAMACHANDRAPPA
AGED ABOUT 42 YEARS
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK, KOLAR DISTRICT - 563 162.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1118/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
IN RP NO. 133/2024
BETWEEN:
R GOPALAPPA S/O LATE RAMAIAH
SINCE DEAD BY LRS
1. MRS VENKATALAKSHMAMMA
W/O LATE R GOPALAPPA
AGED ABOUT 70 YEARS
-9-
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
2. MR SRINIVAS G
S/O LATE R GOPALAPPA
AGED ABOUT 41 YEARS
3. MRS SAVITHA G
D/O LATE R GOPALAPPA
W/O MR MOHAN
AGED ABOUT 36 YEARS
4. MR PRASAD G
S/O LATE R GOPALAPPA
AGED ABOUT 32 YEARS
5. MR BALAKRISHNA G
S/O LATE R GOPALAPPA
AGED ABOUT 31 YEARS
6. MRS PUSHPAVATHI G
D/O LATE R GOPALAPPA
W/O MR SRINIVAS YADAV M R
AGED ABOUT 28 YEARS
ALL ARE R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK
KOLAR DISTRICT - 563 162
...PETITIONERS
(BY SRI. PRAKASH K A.,ADVOCATE)
AND:
1. SRI K N SRINIVASAIAH
S/O LATE NEELAKANTAIAH
AGED ABOUT 77 YEARS
C/O MR K R MAHESH
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK
KOLAR DISTRICT - 563 162.
- 10 -
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
NO.132/2024, RP NO.133/2024
2. SRI K R MAHESH
S/O SRI K S RAMACHANDRAPPA
AGED ABOUT 42 YEARS,
R/AT KARAHALLI VILLAGE AND POST
BANGARPET TALUK,
KOLAR DISTRICT - 563 162.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 READ WITH SECTION 114 OF CPC PRAYING TO KINDLY
REVIEW THE JUDGMENT DATED:5TH DAY OF FEBRUARY 2024
PASSED IN RSA NO.1120/2023 AND CONSEQUENTLY ALLOW
THIS REVIEW PETITION.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
These review petitions are filed seeking review of
judgment and decree dated 05.02.2024 passed in
R.S.A.No.1109/2023 C/w 1110/2023, 1111/2023,
1113/2023, 1114/2023, 1118/2023, 1119/2023,
1120/2023 by this Court.
2. The grounds urged in these review petitions do not
make out a case falling within the provisions of Order 43
Rule 1. The grounds urged are elaborate, requiring re-
- 11 -
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
hearing of the appeal. Review petitioner cannot be allowed
under the guise of review to reagitate the case again,
which has already been decided. Once the matter is
decided, unless error apparent on the face is made out,
the Court cannot revisit the merits of the contention. The
grounds urged in these petitions not only address the
reasoning given by this Court but also require this Court to
go into the contents of the reasoning given by the Trial
Court and the First Appellate Court which do not under any
circumstances fall within the purview of the review
jurisdiction.
3. It is settled position of law that the
Judgment/order is open for review only if there is a
mistake or an error apparent on the face of the record. An
error which is not self evident and has to be detected by
process of reasoning, can hardly be said to be an error
apparent on the face of the record. A review petition
cannot be allowed to be an appeal in disguise (Sanjay
- 12 -
NC: 2024:KHC:13811
RP NO. 126/2024 C/w RP NO.127/2024, RP
NO.128/2024, RP NO.129/2024, RP
NO.130/2024, RP NO.131/2024, RP
Kumar Agarwal Vs State Tax Officer and anr
reported in 2023 SCC Online SC 1406).
As such, these review petitions are dismissed.
Sd/-
JUDGE
RL
