Karnataka High Court
Sri Yogisha M vs Shri G. Chennappa Shetty on 16 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:6720
RP No. 605 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REVIEW PETITION NO. 605 OF 2022
IN
R.S.A.NO.554/2006
BETWEEN:
1. SRI YOGISHA M.,
S/O R.M. MARIYAPPA,
AGED ABOUT 30 YEARS,
R/AT NO.377, OPP KONGADIYAPPA
COLLEGE ROAD, DEVARAJA NAGAR,
DODDABALLAPURA,
BENGALURU RURAL DISTRICT-561203
...PETITIONER
(BY SRI.SUNIL.S.RAO, ADVOCATE FOR
SRI.T.SESHAGIRI RAO, ADVOCATE)
AND:
Digitally signed
by SHARANYA T
Location: HIGH 1. SHRI G. CHENNAPPA SHETTY,
COURT OF SINCE DEAD BY HIS LRs',
KARNATAKA
1(a) SHRI C. LOKESH,
S/O CHENNAPPA SHETTY,
AGED ABOUT 57 YEARS,
1(b) SRI C.CHANDRA MOHAN
S/O CHENNAPPA SHETTY,
AGED ABOUT 55 YEARS,
ALL ARE R/AT KAREHALLI ROAD,
SHANTHINAGAR, BANGARPET,
KOLAR DISTRICT.
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RP No. 605 of 2022
1(c) SMT. VEDAVATHI
D/O CHENNAPPA SHETTY,
W/O UMA SHANKAR,
AGED ABOUT 54 YEARS,
R/AT TUBUGERE,
DODDABALLAPURA TOWN-561203.
1(d) SMT. GEETHA
D/O LATE CHENNAPPA SHETTY,
W/O NANJUNDESHWAR,
AGED ABOUT 53 YEARS,
R/AT SHENEGARPETE,
DODDABALLAPURA TOWN-561203
2 SHRI G. SATHYANARAYANA
SINCE DEAD BY HIS LRS
2(a) SMT. SAVITHRAMMA
W/O LATE G. SATHYANARAYANA,
AGED ABOUT 75 YEARS,
2(b) SHRI MANJUNATH
S/O LATE G. SATHYANARAYANA,
AGED ABOUT 45 YEARS,
2(c) SMT. RAJESHWARI
D/O LATE G. SATHYANARAYANA,
AGED ABOUT 43 YEARS,
2(d) SMT. NALINA
D/O LATE G. SATHYANARAYANA,
AGED ABOUT 45 YEARS,
RESPONDENT NOS.2(a) TO 2(d) ARE
R/AT CAR STREET,
DODDABALLAPURA TOWN,
BENGALURU RURAL DISTRICT-561203.
3 SRI G.L.SUBRAMANYA
SINCE DEAD BY HIS LRS
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RP No. 605 of 2022
3(a) SMT. GOWRAMMA,
W/O LATE G.L.SUBRAMANYA,
AGED ABOUT 65 YEARS,
3(b) SMT VANI
D/O LATE G.L.SUBRAMANYA,
AGED ABOUT 42 YEARS,
RESPONDENT Nos.3(a) TO 3(b) ARE
R/AT CAR STREET,
DODDABALLAPURA TOWN,
BENGALURU RURAL DISTRICT.
4 SHRI. GOPALA SINCE
DEAD BY HIS LRS.,
4(a) SMT. GIRIJAMMA,
W/O LATE GOPALA,
AGED ABOUT 71 YEARS,
4(b) SHRI LAXMINARAYANA SHETTY
S/O LATE GOPALA,
AGED ABOUT 47 YEARS,
4(c) SMT. SRIDEVI
D/O LATE GOPALA,
AGED ABOUT 37 YEARS,
RESPONDENT Nos.4(a) TO 4(c) ARE
R/AT CAR STREET,
DODDABALLAPURA TOWN,
BENGALURU RURAL DISTRICT.
5. SMT. G.NIRMALA
D/O LATE G. LAKSHMINARAYANA SHETTY,
AGED ABOUT 57 YEARS,
R/AT CAR STREET,
DODDABALLAPURA TOWN
BENGALURU RURAL DISTRICT-561203.
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RP No. 605 of 2022
6. SHRI G.ANNEPPA SHETTY
AGED ABOUT 58 YEARS
S/o CHANNA KRISHNAPPA
R/AT DEVANGA CAR STREET,
DODDABALLAPUR TALUK
BENGALURU DISTRICT-561203.
7 SHRI.B.R.KRISHNA MURTHY
SINCE DEAD BY HIS LRS
7(a) SMT.THARA
W/o LATE B.R.KRISHNA MURTHY
AGED ABOUT 65 YEARS,
7(b) SRI. HARSHA
D/O LATE B.R. KRISHNA MURTHY,
AGED ABOUT 45 YEARS,
7(c) SMT. RAMYA
D/o LATE B.R.KRISHNA MURTHY
AGED ABOUT 40 YEARS,
RESPONDENT Nos.7(a) TO 7(c) ARE
RESIDING AT 11TH CROSS,
SHANTHI NAGARA,
BASAVARAAPPA HOUSE,
DODDABALLAPURA TOWN
8 SHRI B.R. SRINIVASA MURTHY
SINCE DEAD BY HIS LRS.,
8(a) SMT PARVATHI
W/O LATE B.R.SRINIVAS MURTHY,
AGED ABOUT 50 YEARS,
8(b) SRI.YASHWANTH
S/O LATE B.R.SRINIVAS MURTHY,
AGED ABOUT 38 YEARS,
RESPONDENT Nos.8(a) TO 8(b) ARE
RESIDING AT 11TH AND 12TH CROSS,
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RP No. 605 of 2022
PILLI QUARTRUS,
BHUVANESHWARA NAGARA,
DODDBALLAPURA TOWN-561203.
9. SHRI B.R. NAGARAJ
S/O LATE B.P. RAMAIAH,
AGED ABOUT 45 YEARS,
R/AT DOOR NO.1028.
KUCCHAPPANA PETE, WARD NO.2,
DODDABALLAPURA TOWN-561203.
...RESPONDENTS
(BY SRI.M.J.ALVA,ADVOCATE FOR R4[A TO C],
R1(B), R1(D), R1(C) SERVED VIDE ORDER DATED 14.08.2023
PETITION ABATES AS AGAINST RESPONDENT Nos.2(A) AND 6 )
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE
IMPUGNED JUDGMENT AND DECREE ONE PASSED IN
R.S.A.No.554/2006 AND CONSEQUENTLY DISMISSED THE SUIT
CLAIM OF THE PLAINTIFF.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the counsel for review petitioner and also the
counsel for respondents elaborately with regard to the
maintainability of this review petition by the 3rd party who
is not a party to the earlier proceedings of lower Court,
appellate Court and also the second appeal regarding
maintainability as well as the merits of the review petition.
Both the counsel of respective parties have relied upon the
NC: 2024:KHC:6720
judgments of Apex Court regarding maintainability as well
as the scope of review petition.
2. Having heard the review petition and also the
counsel for respondents, when this Court about to dictate
the judgment on merits with regard to the maintainability
as well as the review petition, at this juncture, the counsel
for review petitioner seeks permission of this Court to
withdraw the review petitioner with liberty to approach to
appropriate Court for appropriate relief. Hence, review
petition is disposed of with liberty as sought by the
counsel for review petitioner.
Sd/-
JUDGE
RHS
