Karnataka High Court
Somanagouda vs Smt. Neelavva on 2 August, 2024
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NC: 2024:KHC-D:10975-DB
RP No. 100066 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE E.S.INDIRESH
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
REVIEW PETITION NO. 100066 OF 2024
IN
REGULAR FIRST APPEAL NO.100592 OF 2023
BETWEEN:
1. SOMANAGOUDA
S/O MALLANAGOUDA GOUDRA
AGE: 48 YEARS
OCC: AGRICULTURE
R/O DUNDANAKOPPA
TQ: SAUNDATTI
DIST : BELGAVI
2. CHANDRAGOUDA
S/O MALLANAGOUDA GOUDAR
AGE:44 YEARS
Digitally signed by
SHAKAMBARI OCC:AGRICULTURE
Location: HIGH R/O DUNDANAKOPPA
COURT OF TQ: SAUNDATTI
KARNATAKA
DIST : BELGAVI
...PETITIONERS
(BY SRI. LINGARAJ MARADI, ADVOCATE)
AND:
1. SMT. NEELAVVA
W/O MALLIKARJUN SANGOLLI
AGE 38 YEARS
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NC: 2024:KHC-D:10975-DB
RP No. 100066 of 2024
OCC:HOUSEHOLD WORK
R/O DODWAD
TQ: BAILHONGAL
DIST: BELGAVI
2. SMT. TIPPAWWA
W/O BASANAGOUDA GOUDAR
AGE 74 YEARS
OCC:HOUSEHOLD WORK
R/O DUNDANAKOPPA
TQ: SAUNDATTI
DIST: BELGAVI
3. GOUDAPPA
S/O BASANAGOUDA GOUDAR
AGE 54 YEARS
OCC:AGRICULTURE
R/O DUNDANAKOPPA
TQ: SAUNDATTI
DIST: BELGAVI
MAHANTESH
S/O BASANAGOUDA GOUDAR
SINCE DECEASED BY HIS LRs
4 SMT. KASHAVVA
W/O MAHANTESH GOUDAR
AGE 49 YEARS
OCC:HOUSEHOLD WORK
R/O DUNDANAKOPPA
TQ: SAUNDATTI
DIST: BELGAVI
5. SMT. CHANNAVVA
W/O SHANKARGOUDA PATIL
AGE 30 YEARS
OCC:HOUSEHOLD WORK
R/O LAKKUNDI
TQ:BAILHONGAL
DIST: BELGAVI
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NC: 2024:KHC-D:10975-DB
RP No. 100066 of 2024
6 MADIWALAPPA
S/O MAHENTESH GOUDAR
AGE 28 YEARS
OCC:AGRICULTURE
R/O DUNDANAKOPPA
TQ: SAUNDATTI
DIST: BELGAVI
7. UDAY
S/O MAHANTESH GOUDAR
AGE 26 YEARS
OCC:AGRICULTURE
R/O DUNDANAKOPPA
TQ: SAUNDATTI
DIST: BELGAVI
8. SMT. SAVITA
W/O PRAVEEN MUGAPPAGOL
AGE 24 YEARS
OCC: AGRICULTURE
R/O ANKALAGI
TQ:KITTUR
DIST: BELGAVI
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE (1) OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED
18.03.2024 IN RFA NO. 100592/2023 SO FAR AS ITS RELATES
TO ALLOTMENT OF SHARES AT PARA NO.13 AND OPERATIVE
PORTION OF JUDGMENT, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D.
HUDDAR
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NC: 2024:KHC-D:10975-DB
RP No. 100066 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH)
This petition is filed against the judgment and decree
dated 18.3.2024 in RFA No.1000592/2023, whereby, the
petitioners seek review of the aforementioned judgment
and decree.
2. Having heard the learned counsel for the
appellant where the trial Court as well as this Court by
passing the order dated 18.3.2024 have taken note of the
relationship of the parties and further, through a detailed
order, allowed the appeal in part holding that the plaintiff
along with defendant Nos. 1 and 2 are entitled for 1/6th
share in the suit schedule properties.
3. In that view of the matter, taking into
consideration the fact that there was already a partition in
so far as branches of Basanagouda, Mallanagouda family
in so far as Schedule `A' and `B' properties are concerned
and in so far `B' Schedule property is concerned which
NC: 2024:KHC-D:10975-DB
belonged to Iranagouda has to be devolved between the
branches of Basanagouda as well as Mallanagouda.
4. We are of the view that there is no error apparent
on the face of the record and accordingly, following the
declaration of the law laid down by the Hon'ble Supreme
Court in the case of Shri Ram Sahu (Dead) Through legal
Representatives and Others v. Vinod Kumar Rawat and
Others reported in (2021) 13 SCC 1, the review petition
deserved to be dismissed. Accordingly, it is dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
Sk/-
