Sri Harish Kumar vs The State Of Karnataka
2024 Latest Caselaw 27581 Kant

Karnataka High Court

Sri Harish Kumar vs The State Of Karnataka on 19 November, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                       RP No. 90 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                         PRESENT
                      THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE
                                            AND
                         THE HON'BLE MR. JUSTICE M.G.S. KAMAL
                             REVIEW PETITION NO. 90 OF 2024
                                             IN
                            WRIT APPEAL NO.1170 OF 2022 (LR)

               BETWEEN:

               1.   SRI HARISH KUMAR
                    AGED ABOUT 56 YEARS,
                    S/O LATE VENKATARAMAIAH,

               2.   SMT. B V VENKATALAKSHMAMMA
                    AGED ABOUT 68 YEARS,
                    D/O LATE VENKATARAMAIAH,

               3.   SMT. B V PARVATHAMMA
Digitally
signed by           AGED ABOUT 66 YEARS,
AMBIKA H B          D/O LATE VENKATARAMAIAH,
Location: High
Court of       4.   SMT. B V CHANDRAMMA
Karnataka
                    AGED ABOUT 70 YEARS,
                    D/O LATE VENKATARAMAIAH,

               5.   SMT. B V MANJULA
                    AGED ABOUT 55 YEARS,
                    D/O LATE VENKATARAMAIAH,

                    NOS.1 TO 5 ARE R/AT NO. 33,
                    12TH 'E' CROSS,
                    AGRAHARADASARAHALLI,
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                                          RP No. 90 of 2024




     MAGADI ROAD,
     BENGALURU-560 079

6.   SRI MALLESHKUMAR
     S/O LATE LINGAMMA,
     AGED ABOUT 53 YEARS,

7.   SMT. LAKSHMI
     D/O LATE LINGAMMA,
     AGED ABOUT 50 YEARS,

8.   SMT. NANJAMMA
     W/O DOLLAIAH,
     AGED ABOUT 70 YEARS,

     SL.NOS.6 TO 8 ARE
     R/AT NO.42, 'E' 42, 2ND CROSS,
     GOPALAPURA, MAGADI ROAD,
     BENGALURU-560023.

9.   SRI H DAYAKAR
     S/O LATE HANUMAIAH,
     AGED ABOUT 70 YEARS,

10. SRI H JANARDHAN
    S/O LATE HANUMAIAH,
    AGED ABOUT 62 YEARS,

11. SRI H RAMCHANDRA
    S/O LATE HANUMAIAH,
    AGED ABOUT 60 YEARS,

12. SRI H CHANDRASHEKAR
    S/O LATE HANUMAIAH,
    AGED ABOUT 53 YEARS,


     SL.NOS.9 TO 12 ARE R/AT
     ULLALU VILLAGE,
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   YESHWANTHPURA HOBLI,
   BENGALURU NORTH TALUK-560056.

13. SRI GOVINDA
    S/O LATE THIMMAIAH,
    AGED ABOUT 72 YEARS,

14. SRI VENKATAPPA
    S/O LATE THIMMAIAH,
    AGED ABOUT 60 YEARS,

15. SRI DAYANANDA
    S/O LATE THIMMAIAH,
    AGED ABOUT 50 YEARS,

   SL.NOS.13 TO 15 ARE R/AT NO.13,
   'E' STREET, 2ND CROSS,
   GOPALAPURA,
   BENGALURU -560023.

16. SRI D KRISHNA MURTHY
    S/O LATE DASAPPA,
    AGED ABOUT 45 YEARS,

17. SRI D LOKESH
    S/O LATE DASAPPA,
    AGED ABOUT 40 YEARS,

18. SRI D MANJUNATH
    S/O LATE DASAPPA,
    AGED ABOUT 37 YEARS,

19. SRI D PRAKASH
    S/O LATE DASAPPA,
    AGED ABOUT 35 YEARS,

20. SMT. SARASWATHI
    W/O LATE GOVINDA,
    AGED ABOUT 55 YEARS,
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   SL.NOS.16 TO 20 ARE R/AT NO.20
   'E' STREET, 2ND CROSS,
   GOPALAPURA, MAGADI ROAD,
   BENGALURU-560023.

21. SRI ANAND @ ANANDA MURTHY
    S/O LATE PUTTAIAH,
    AGED ABOUT 48 YEARS,

22. SMT. LAKSHMI
    D/O LATE PUTTAIAH,
    AGED ABOUT 42 YEARS,

23. SRI. LAKSHMANA
    S/O LATE PUTTAIAH,
    AGED ABOUT 38 YEARS,
24. SMT. KOMALA
    D/O LATE PUTTAIAH,
    AGED ABOUT 33 YEARS,

   SL.NOS.21 TO 24 ARE R/AT NO.11,
   'E' STREET, 7TH CROSS,
   GOPALAPURA, MAGADI ROAD,
   BENGALURU-560023

25. SRI SHANKARA
    S/O LATE MALLAIAH,
    AGED ABOUT 60 YEARS,

26. SRI BALACHANDRA
    S/O LATE MALLAIAH,
    AGED ABOUT 53 YEARS,

27. SRI NARASIMHA RAJU
    S/O LATE MALLAIAH,
    AGED ABOUT 46 YEARS,

28. SMT. PADMAVATHI
    D/O LATE MALLAIAH,
    AGED ABOUT 48 YEARS,
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29. SMT. HEMAVATHI
    D/O LATE MALLAIAH,
    AGED ABOUT 43 YEARS,

30. SRI NAGARAJ
    S/O LATE MALLAIAH
    AGED ABOUT 56 YEARS,

     SL.NOS.25 TO 30 ARE
     R/AT NO.6, 'B' STREET, 2ND CROSS,
     GOPALAPURA, MAGADI ROAD,
     BENGALURU-560023.

     ALL THE PETITIONERS ARE
     REPRESENTED BY THEIR REGISTERED
     GENERAL POWER OF ATTORNEY HOLDER:

     SRI R CHANDRU
     S/O LATE RAMAPPA,
     AGED ABOUT 60 YEARS,
     R/AT NO.204, 2ND FLOOR,
     AHUJA CHAMBERS,
     NO.1, KUMARAKRUPA ROAD,
     BENGALURU-560001.
                                               ...PETITIONERS

(BY SRI V LAKSHMINARAYANA, SENIOR ADVOCATE A/W
 SRI VIJAYA KUMAR K, ADVOCATE)

AND:
1.   THE STATE OF KARNATAKA
     REPRESENTED BY
     PRINCIPAL SECRETARY TO GOVERNMENT,
     REVENUE DEPARTMENT,
     M.S BUILDING,
     BENGALURU-560001.
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                                        RP No. 90 of 2024




2.   THE TAHSILDAR
     BENGALURU NORTH TALUK,
     K G ROAD,
     BANGALORE-560001.

     SRI VENKATARAMANAPPA
     @ DODDANNA,
     SINCE DEAD BY HIS LRS,

     DASE GOWDA,
     SINCE DEAD BY HIS LRS,

3.   VENKATAMMA,
     1ST WIFE OF LATE DASEGOWDA,

4.   KEMPAMMA
     2ND WIFE OF LATE DASEGOWDA,

5.   SRI RANGASWAMY
     S/O LATE DASEGOWDA,
     AGED ABOUT 54 YEARS,

6.   VENKATEGOWDA
     S/O LATE DASEGOWDA,
     AGED ABOUT 48 YEARS,

7.   BYIRAHANUME GOWDA
     S/O LATE DASEGOWDA,
     AGED ABOUT 47 YEARS,

8.   KEMPEGOWDA
     S/O LATE DASEGOWDA,
     AGED ABOUT 47 YEARS,

9.   RAGHU
     S/O LATE DASEGOWDA,
     AGED ABOUT 41 YEARS,
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                                       RP No. 90 of 2024




10. MANJUNATH
    S/O LATE DASEGOWDA,
    AGED ABOUT 38 YEARS,

11. SMT. CHANNAMMA
    AGED ABOUT 68 YEARS,
    W/O LATE RANGAPPA ,
    D/O LATE VENKATARAMANAPPA,

12. SRI BYRAPPA
    S/O LATE VENKATARAMANAPPA,
    AGED ABOUT 56 YEARS,

13. SRI GANGAPPA
    S/O LATE VENKATARAMANAPPA,
    AGED ABOUT 54 YEARS,

   RESPONDENT NOS.3 TO 13 ARE
   R/AT MUDDENAPALYA VILLAGE,
   VISHWANTANEEDAM POST,
   YESHWANTHPURA HOBLI,
   BENGALURU NORTH TALUK,
   PIN-560091.

   NAGARATHNAMMA
   SINCE DEAD BY HER LRS,
14. SRI BHASKAR R V
    S/O LATE VENKATA CHALAPATHI,
    MAJOR,

15. SRI SRIDHAR R V
    S/O LATE VENKATA CHALAPATHI,
    MAJOR,

16. SRI GIRIDHAR R V
    S/O LATE VENKATA CHALAPATHI,
    MAJOR,
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17. SRI SHANKAR R V
    S/O LATE VENKATA CHALAPATHI,
    MAJOR,

    RESPONDENT NOS.14 TO 17 ARE
    R/AT NO.37/55, SURVEYOR ROAD,
    BASAVANAGUDI,
    BENGALURU-560004.

18. SRI RAJA SATISH
    S/O LATE GOVINDA RAJU,
    MAJOR, R/AT NO.214,
    45TH CROSS, 8TH BLOCK,
    JAYANAGAR,
    BENGALURU-560082.

19. SRI DALI MUNIYAPPA
    AGED ABOUT 65 YEARS,
    S/O MUNI OBALAPPA,
    R/AT ULLAL VILLAGE,
    YESHWANTHPURA HOBLI,
    BENGALURU NORTH TALUK,
    BENGALURU-560110.

20. SMT. LAKSHMINARASAMMA
    AGED ABOUT 52 YEARS,
    W/O SHIVANNA, R/AT NO.24,
    2ND CROSS, 2ND MAIN,
    VIJAYANAGAR,
    BENGALURU-560040.

21. SMT. B V RATHNAMMA
    AGED ABOUT 60 YEARS,
    D/O LATE VENKATARAMAIAH,
    R/AT NO.33, 12TH 'E' CROSS,
    MAGADI ROAD,
    BENGALURU-560023.
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22. SRI KRISHNA MURTHY
    AGED ABOUT 48 YEARS,
    S/O LATE LINGAMMA,

23. SMT. MAHADEVAMMA
    AGED ABOUT 50 YEARS,
    D/O LATE LINGAMMA,

   RESPONDENT NOS.22 TO 23 ARE
   R/AT NO. E-42, 2ND CROSS,
   GOPALPURA, MAGADI ROAD,
   BENGALURU-560023.

24. SRI H CHANDRAKEERTHI
    AGED ABOUT 41 YEARS,
    S/O LATE HANUMAIAH,
    R/AT ULLAL VILLAGE,
    YESHWANTHPURA HOBLI,
    BENGALURU NORTH TALUK,
    BENGALURU-560110.

25. SMT. VENKATAMMA
    AGED ABOUT 81 YEARS,
    W/O LATE YELLAPPA,

26. SRI Y NAGARAJ
    AGED ABOUT 64 YEARS,
    S/O LATE YELLAPPA,

27. SRI Y RAMAKRISHNA
    AGED ABOUT 61 YEARS,
    S/O LATE YELLAPPA,

28. SRI Y MANJUNATHA
    AGED ABOUT 53 YEARS,
    S/O LATE YELLAPPA,
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    RESPONDENT NOS.25 TO 28 ARE
    R/AT NO.24, 2ND CROSS,
    2ND MAIN, VIJAYANAGAR,
    BENGALURU-560040.

29. SRI RAMAKRISHNA
    AGED ABOUT 59 YEARS,
    S/O LATE THIMMAIAH
    R/AT NO. 4, 'D' STREET, 2ND CROSS,
    GOPALAPURA, MAGADI ROAD,
    BENGALURU-560023.

30. SRI D MURTHY
    AGED ABOUT 41 YEARS,
    S/O LATE DASAPPA,

31. SRI D GOVINDARAJU
    AGED ABOUT 35 YEARS,
    S/O LATE DASAPPA,

32. SMT. BHAGYAMMA
    AGED ABOUT 43 YEARS,
    D/O LATE DASAPPA,

33. SMT. PARVATHAMMA
    AGED ABOUT 33 YEARS,
    D/O LATE DASAPPA,

    RESPONDENT NOS.30 TO 33 ARE
    R/AT NO.11, 'E' STREET, 7TH CROSS,
    GOPALAPURA,
    BENGALURU-560023.

34. SMT. PARVATHAMMA
    AGED ABOUT 71 YEARS,
    D/O LATE DASAPPA,
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35. SRI NARASIMHA MURTHY
    S/O LATE PUTTAIAH,
    AGED ABOUT 55 YEARS,

36. SRI NARASIMHA MURTHY
    S/O LATE MALLAIAH,
    AGED ABOUT 63 YEARS,

37. SMT. PUTTALAKSHMAMMA
    AGED ABOUT 54 YEARS,
    W/O LATE MARISWAMY,

38. SMT M SUDHA
    AGED ABOUT 35 YEARS,
    D/O LATE MARISWAMY,

39. SRI M HARISH
    AGED ABOUT 34 YEARS,
    W/O LATE MARISWAMY,

40. SRI M ARAN @ ARUN
    AGED ABOUT 34 YEARS,
    W/O LATE MARISWAMY,

   RESPONDENT NOS.34 TO 40 ARE
   R/AT NO.36, ULLALA MAIN ROAD,
   OPP: ULLAL LAKE, BENGALURU-560110.
                                        ...RESPONDENTS

(BY SMT. SHWETA KRISHNAPPA, AGA &
 SRI MOHAMMED JAFFAR SHAH, AGA FOR R-1 & 2)

     THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER 47 RULE 1 OF CPC, 1908, PRAYING TO
REVIEW THE ORDER DATED 23.01.2024 PASSED IN WRIT
APPEAL NO.1170/2022.

     THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE M.G.S. KAMAL


                          ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Memo dated 16.11.2024 filed by learned advocate

Mr. K. Vijaya Kumar for the petitioners reads as under,

"The petitioners respectfully submits that, pursuant to filing of this review petition, the state of Karnataka, has filed Special Leave Petition before the Hon'ble Supreme Court of India, in Dairy No.43108/2024 as aggrieved by the order dated 23.01.2024 passed by this Hon'ble court in W.A. No.1115/2022 C/w W.A.No.1125/2022, W.A. No.1167/2022, W.A.No.1168/2022, W.A.No.1170/2022, W.A. No.1171/2022, W.A. No.1267/2022, W.A. No.398/2023, W.A. No.474/2023, W.A. No.489/2023, W.A. No.1458/2023, hence the petitioners have also filing Special Leave Petition before the Hon'ble Supreme Court of India, hence the petitioners may be permitted to withdraw the above Review Petition with liberty, in the interest of justice."

2. In view of the memo, permission to withdraw the review

petition is granted.

3. The review petition is dismissed as withdrawn.

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This Court has not gone into the merits of the case in view of

withdrawal of the review petition.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(M.G.S. KAMAL) JUDGE

CR