Shri K S Shivaprakash vs Shri Veerabhadraprasad
2024 Latest Caselaw 26116 Kant

Karnataka High Court

Shri K S Shivaprakash vs Shri Veerabhadraprasad on 4 November, 2024

                                                      -1-
                                                                       NC: 2024:KHC:44007
                                                                       RP No. 469 of 2024




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 04TH DAY OF NOVEMBER, 2024

                                                 BEFORE
                                THE HON'BLE MR. JUSTICE E.S.INDIRESH
                                  REVIEW PETITION NO.469 OF 2024
                       BETWEEN:

                       SHRI K.S. SHIVAPRAKASH
                       SON OF LATE K. M. SHIVANNA,
                       AGED ABOUT 55 YEARS,
                       RESIDING AT NO. 1594,
                       OLD BAZAAR STREET,
                       NEAR ANJANEYA TEMPLE,
                       HULLAHALLI VILLAGE,
                       HULLAHALLI HOBLI,
                       NANJANGUD TALUK,
                       NANJANGUD - 571 314.
                                                                            ...PETITIONER
                       (BY SRI. S.S. MAHENDRA, ADVOCATE FOR
                       SRI. NAGARAJ M., ADVOCATE)

                       AND:

Digitally signed by    SHRI VEERABHADRAPRASAD
SHARMA ANAND
CHAYA                  SON OF LATE K. M. SHIVANNA,
Location: High Court
of Karnataka           AGED ABOUT 62 YEARS,
                       RESIDING AT HEGGADAHALLI VILLAGE,
                       KASABA HOBLI,
                       NANJANGUD TALUK,
                       NANJANGUD - 570 001.
                                                                           ...RESPONDENT
                              THIS REVIEW PETITION UNDER SECTION 114 READ
                       WITH    ORDER   XLVII   RULE    1    OF   THE    CODE   OF   CIVIL
                       PROCEDURE, 1908 PRAYING TO REVIEW THE JUDGMENT
                              -2-
                                          NC: 2024:KHC:44007
                                         RP No. 469 of 2024




DATED 06.08.2024 PASSED BY THIS HON'BLE COURT IN
REGULAR SECOND APPEAL NO. 1023/2024, PRODUCED AT
ANNEXURE-A.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE E.S.INDIRESH

                       ORAL ORDER

Heard Sri. S.S.Mahendra, learned counsel appearing

on behalf of Sri. Nagaraj. M., for the review petitioner.

2. This Review Petition is filed by the petitioner

seeking review of the judgment passed in RSA No.1023 of

2024 (Annexure-A).

3. It is submitted by Sri. S.S.Mahendra, learned

counsel appearing for the review petitioner that this court

has not considered the circumstances in which the alleged

Gift Deed dated 29.12.2010 said to have been executed by

the father of the plaintiff which was surrounded by

suspicious circumstances. Accordingly, sought for review

NC: 2024:KHC:44007

of the judgment dated 06.08.2024 produced at Annexure-

A.

4. Having taken note of the submission made by

the learned counsel appearing for the review petitioner

and on careful examination of the observations made by

this court at paragraph 9 in the judgment dated

06.08.2024 as the father of the petitioner - K.M.Shivanna

had acquired the suit schedule property on his own

earnings and had executed registered Gift Deed on

29.12.2010 and in that view of the matter, I do not find

any merits in the learned counsel appearing for the review

petitioner on the sole ground that DW2 and DW3 in their

deposition, admitted the execution of the registered Gift

Deed and further the attestor to the alleged Gift Deed has

been examined. In that view of the matter, following the

declaration of law made by this court in the case of

SANJAY KUMAR AGARWAL vs. STATE TAX OFFICER

AND ANOTHER reported in (2024) 2 SCC 362 there is

NC: 2024:KHC:44007

no error apparent on the face of the record. Accordingly,

the review petition is dismissed.

SD/-

(E.S.INDIRESH) JUDGE