Shyama Prabhu (Since Deceased) vs The State Of Karnataka
2024 Latest Caselaw 27511 Kant

Karnataka High Court

Shyama Prabhu (Since Deceased) vs The State Of Karnataka on 15 November, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                               -1-
                                                          NC: 2024:KHC:46524
                                                           RP No. 32 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 15TH DAY OF NOVEMBER, 2024

                                            BEFORE

                         THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                              REVIEW PETITION NO. 32 OF 2023

                   BETWEEN:

                         SHYAMA PRABHU (SINCE DECEASED)
                         REP BY HIS LRS

                   1.    SHANTHA PRABHU,
                         AGED ABOUT 77 YEARS,
                         W/O LATE SHYAMA PRABHU,
                         R/AT PALAME NADUMANE,
                         POST SHIRVA, KAUP TALUK,
                         UDUPI DISTRICT 574 116.

                   2.    SHRIPATHY PRABHU,
                         AGED ABOUT 56 YEARS,
                         S/O LATE SHYAMA PRABHU,
                         R/AT PALAME NADUMANE,
Digitally signed         POST SHIRVA, KAUP TALUK,
by SHARADA               UDUPI DISTRICT - 574 116.
VANI B
Location:
HIGH COURT         3.    RAGHUPATHI PRABHU,
OF                       AGED ABOUT 52 YEARS,
KARNATAKA                S/O LATE SHYAMA PRABHU,
                         R/AT PALAME NADUMANE,
                         POST SHIRVA, KAUP TALUK,
                         UDUPI DISTRICT 574 116.

                   4.    PUSHPAVATHI NAYAK,
                         AGED ABOUT 51 YEARS,
                         S/O LATE SHYAMA PRABHU,
                         R/AT PALAME NADUMANE,
                         POST SHIRVA, KAUP TALUK,
                         UDUPI DISTRICT 574 116.
                            -2-
                                       NC: 2024:KHC:46524
                                        RP No. 32 of 2023



5.   ASHWINI D BHAT,
     AGED ABOUT 50 YEARS,
     S/O LATE SHYAMA PRABHU,
     R/AT PALAME NADUMANE,
     POST SHIRVA, KAUP TALUK,
     UDUPI DISTRICT 574 116.

6.   BALAKRISHNA PRABHU,
     S/O LATE SHYAMA PRABHU,
     AGED ABOUT 48 YEARS,
     R/AT NO 23, NANDA GOKULA,
     NANDI ENCLAVE, 1ST CROSS,
     HALASAHALLI VARTHUR, THIPPASANDRA,
     BANGALORE 560 087.

7.   ASHWINI R AMBEDKAR,
     AGED ABOUT 46 YEARS,
     D/O LATE SHYAM PRABHU,
     R/AT BOOBTHABETTU HOUSE,
     POST SHIRVA, KAUP TALUK,
     UDUPI DSITRICT 574 116.
                                           ...PETITIONERS
(BY SRI. SAMPAT ANAND SHETTY.,ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     REP BY ITS SECRETARY,
     REVENUE DEPARTMENT,
     MS BUILDING, BENGALURU 560 001.

2.   THE LAND TRIBUNAL,
     UDUPI (KAUP HOBLI),
     UDUPI - 576 101.
     UDUPI DISTRICT.

3.   SRI. ADMAR MUTT,
     CAR STREET,
     UDUPI - 576 101.
     REP BY ITS MANAGER,
     SRI INNA VENKATARAMANA MUCHINTHYA,
     AGED ABOUT 73 YEARS,
     S/O LATE INNA GURURAJA MUCHINTHAYA,
                               -3-
                                           NC: 2024:KHC:46524
                                            RP No. 32 of 2023



4.   PRECILLA MENEZES,
     AGED ABOUT 56 YEARS,
     W/O VINCENT MENEZES,
     R/AT "SORPU HOUSE",
     SHIRVA VILLAGE AND POST,
     UDUPI TALUK,
     UDUPI DISTRICT 562 101.

                                              ...RESPONDENTS

(BY SRI.RAJKUMAR., AGA FOR R1 & R2;
    SRI. S K ACHARYA., ADVOCATE FOR R3;
    R4 SERVED AND UNREPRESENTED)

      THIS REVIEW PETITION UNDER SECTION 114 READ
WITH ORDER XLVII RULE 1 OF THE CPC 1908, PRAYING TO I)
GRANT A REVIEW OF THE ORDER DATED 29.11.2022 PASSED
BY THIS HONBLE COURT IN WRIT PETITION NO. 11411/2014
(LR) II) AND GRANT THE REVIEW PETITIONERS SUCH OTHER
AND FURTHER RELIEF DEEMS FIT UNDER CIRCUMSATANCES
OF THE CASE.


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


CORAM:     HON'BLE MR JUSTICE KRISHNA S DIXIT

                         ORAL ORDER

Application in I.A.1/2023 supported by affidavit

seeking condonation of short delay of 6 days in filing the

review petition is allowed. Delay is condoned.

NC: 2024:KHC:46524

2. Having heard the learned counsel appearing for the

parties and having perused the petition papers, the order

having been passed against a dead person, the judgment

whereby W.P.11411/2014 (LR) was disposed off, stands

recalled. As a consequence, the said Writ Petition is

restored to the Board. Permission is accorded to the writ

petitioner to bring the LRs of deceased Respondent No.3

on record within two weeks.

Review Petition is allowed.

Sd/-

(KRISHNA S DIXIT) JUDGE Snb/