Sri Harish Kumar vs Karnataka Institute Of Leather ...
2024 Latest Caselaw 27584 Kant

Karnataka High Court

Sri Harish Kumar vs Karnataka Institute Of Leather ... on 19 November, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                      RP No. 91 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. 91 OF 2024
                                            IN
                        WRIT APPEAL NO.1171 OF 2022 (LR)
           BETWEEN:

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

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

           3.   SMT. B.V. PARVATHAMMA
                AGED ABOUT 66 YEARS
Digitally       D/O. LATE VENKATARAMAIAH.,
signed by
AMBIKA H B 4.   SMT. B.V. CHANDRAMMA
                AGED ABOUT 70 YEARS
Location:
High Court      D/O. LATE VENKATARAMAIAH.,
of Karnataka
           5.   SMT. B.V. MANJULA
                AGED ABOUT 55 YEARS
                D/O. LATE VENKATARAMAIAH.,

                No. 1 TO 5 ARE
                R/AT No.33, 12TH E CROSS,
                AGRAHARADASARAHALLI,
                MAGADI ROAD,
                BENGALURU - 560 079.
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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 - 560 023.

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. CHANDASHEKAR
    S/O. LATE HANUMAIAH
    AGED ABOUT 53 YEARS.,
     SL. NOS. 9 TO 12 ARE
     R/AT ULLALU VILLAGE, YESHWANTHPURA HOBLI
     BENGALURU NORTH TALUK - 560 056.

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

14. SRI VENKATAPPA
    S/O. LATE THIMMAIAH
    AGED ABOUT 60 YEARS.,
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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 - 560 023.

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.,

   SL. NOS. 16 TO 20 ARE
   R/AT NO. 20, E STREET,
   2ND CROSS, GOPALAPURA,
   MAGADI ROAD,
   BENGALURU - 560 023.

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

22. SMT. LAKSHMI
    D/O. LATE PUTTAIAH
    AGED ABOUT 42 YEARS.,
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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 - 560 023.

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

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 - 560 023.
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     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 - 560 001.
                                          ...PETITIONERS
(BY SRI V. LAKSHMINARAYANA, SENIOR ADVOCATE A/W
 SRI VIJAYA KUMAR K., ADVOCATE)

AND:

1.   KARNATAKA INSTITUTE OF LEATHER TECHNOLOGY
     (AN AUTONOMOUS INSTITUTE PROMOTED
     BY THE GOVERNMENT OF KARNATAKA)
     KADUGONDANAHALLI, ARABIC COLLEGE POST
     BANGALORE - 560 045.
     REPRESENTED BY ITS DIRECTOR.

2.   THE STATE OF KARNATAKA
     REPRESENTED BY
     PRINCIPAL SECRETARY TO GOVERNMENT
     REVENUE DEPARTMENT.
     VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI,
     BENGALURU - 560 001.

     SRI VENKATARAMANAPPA
     @ DODDANNA,
     SINCE DEAD BY HIS LR'S

     DASEGOWDA
     SINCE DEAD BY HIS LR'S

3.   SRI RANGASWAMY
     AGED ABOUT 54 YEARS
     S/O. LATE DASEGOWDA.,
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4.   VENKATEGOWDA
     AGED ABOUT 48 YEARS
     S/O. LATE DASEGOWDA.,

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

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

7.   RAGHU
     AGED ABOUT 41 YEARS
     S/O. LATE DASEGOWDA.,

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

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

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

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

     RESPONDENT NOS.3 TO 11 ARE
     RESIDING AT MUDDENAPALYA VILLAGE
     VISHWANTANEEDAM POST
     YESHWANTHURA HOBLI,
     BENGALURU NORTH TALUK,
     PIN - 560 091.

     NAGARATHNAMMA
     SINCE DEAD BY HER LR'S.
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12. SRI BHASKAR R. V.
    S/O. LATE VENKATA CHALAPATHI
    MAJOR,

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

14. SRI GIRIDHAR R. V.,
    S/O. LATE VENKATA CHALAPATHI
    MAJOR,

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

    RESPONDENT NOS.12 TO 15 ARE
    RESIDING AT NO.37/55,
    SURVEYOR ROAD,
    BASAVANAGUDI,
    BENGALURU - 560 004.

16. SRI RAJA SATISH
    S/O. LATE GOVINDA RAJU
    MAJOR,
    R/AT NO.214, 45TH CROSS,
    8TH BLOCK, JAYANAGAR,
    BENGALURU - 560 082.

17. SRI DALI MUNIYAPPA
    AGED ABOUT 65 YEARS
    S/O .MUNI OBALAPPA
    R/A ULLAL VILLAGE
    YESHWANTHPURA HOBLI
    BENGALURU NORTH TALUK
    BENGALURU - 560 110.

18. SMT. LAKSHMINARASAMMA
    AGED ABOUT 52 YEARS
    W/O. SHIVANNA
    R/A NO.24, 2ND CROSS,
    2ND MAIN, VIJAYANAGAR,
    BENGALURU - 560 040.
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19. SMT. B. V. RATHNAMMA
    AGED ABOUT 60 YEARS
    D/O. LATE VENKATARAMAIAH
    R/AT NO.33, 12TH E CROSS,
    MAGADI ROAD,
    BENGALURU - 560 023.

20. SRI KRISHNA MURTHY
    AGED ABOUT 48 YEARS
    S/O. LATE LINGAMMA
    R/AT NO.E-42, 2ND CROSS,
    GOPALPURA, MAGADI ROAD,
    BENGALURU - 560 023.

   SMT. MAHADEVAMMA
   SINCE DEAD BY HER LR'S,

21. SOWMYA
    AGED ABOUT 22 YEARS
    D/O. LATE MAHADEVAMMA,

22. NARAYANASWAMY
    AGED ABOUT 21 YEARS
    S/O. LATE MAHADEVAMMA.,

23. SRI H. CHANDRAKEERTHI
    AGED ABOUT 41 YEARS
    S/O. LATE HANUMAIAH.,

   RESPONDENT NOS.21 TO 23 ARE
   R/AT ULLAL VILLAGE, YESHWANTHPURA HOBLI
   BENGALURU NORTH TALUK
   BENGALURU - 560 110.

   SMT. VENKATAMMA
   SINCE DEAD BY HER LR'S,

24. MANJUNATH
    AGED ABOUT 36 YEARS
    S/O. LATE VENKATAMMA
   SRI Y. NAGARAJ
   SINCE DEAD BY HIS LR'S,
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25. SHASHIKALA
    D/O. LATE NAGARAJ
    AGED ABOUT 45 YEARS

26. VEDHA
    D/O. LATE NAGARAJ
    AGED ABOUT 43 YEARS.,

27. CHAMPA
    D/O. LATE NAGARAJ
    AGED ABOUT 41 YEARS.,

28. AJAY
    S/O. LATE NAGARAJ
    AGED ABOUT 40 YEARS.,

   SRI Y. RAMAKRISHNA
   DEAD BY HIS LR'S,

29. SHOBHA
    D/O. LATE RAMAKRISHNA
    AGED ABOUT 47 YEARS.,

30. SHARAVATHI
    D/O. LATE RAMAKRISHNA
    AGED ABOUT 45 YEARS.,

31. VIJAYKUMAR
    S/O. LATE RAMAKRISHNA
    AGED ABOUT 41 YEARS.,

   RESPONDENT NOS.24 TO 31
   NO.24, 2ND CROSS, 2ND MAIN,
   HOSAHALLI COLONY,
   NEAR PLAGUE MARAMMA TEMPLE,
   VIJAYANAGAR,
   BENGALURU - 560 040.

32. SRI Y. MANJUNATHA
    AGED ABOUT 53 YEARS,
    S/O. LATE YELLAPPA,
    NO.24, 2ND CROSS,
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   2ND MAIN, VIJAYANAGAR,
   BENGALURU - 560 040.

   SRI RAMAKRISHNA
   SINCE DEAD BY HIS LRS,

33. SRINIVAS
    S/O. LATE RAMAKRISHNA
    AGED ABOUT 35 YEARS
    R/AT NO.4, D STREET,
    2ND CROSS, GOPALAPURA,
    MAGADI ROAD,
    BENGALURU - 560 023.

   SRI D. MURTHY
   SINCE DEAD BY HIS LR'S,

34. BHAGYAMMA
    W/O. LATE D. MURTHY
    AGED ABOUT 63 YEARS

35. D. RAVI
    S/O. LATE D. MURTHY
    AGED ABOUT 35 YEARS

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

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

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

   RESPONDENT NOS.34 TO 38 ARE
   R/AT NO.11,
   E STREET, 7TH CROSS,
   GOPALAPURA
   BENGALURU - 560 023.
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39. SMT. PARVATHAMMA
    AGED ABOUT 71 YEARS
    D/O. LATE PUTTAIAH

40. SRI NARASIMHA MURTHY
    S/O LATE PUTTAIAH
    AGED ABOUT 55 YEARS

   RESPONDENT NOS.39 TO 40 ARE
   R/AT NO.11,
   E STREET, 7TH CROSS,
   GOPALAPURA
   BENGALURU - 560 023.

   SRI NARASIMHA MURTHY
   SINCE DEAD BY HIS LR'S,

41. AKKAYAMMA
    W/O. LATE NARASIMHA MURTHY
    AGED ABOUT 44 YEARS,

42. BHARATH KUMAR
    S/O. LATE NARASIMHA MURTHY
    AGED ABOUT 31 YEARS.

43. SUJAY KUMAR
    S/O. LATE NARASIMHA MURTHY
    AGED ABOUT 21 YEARS,

44. BHAVYA SHREE
    D/O. LATE NARASIMHA MURTHY
    AGED ABOUT 28 YEARS,

   RESPONDENT NOS.41 TO 44 ARE
   RESIDING AT ANJANNAGAR MANTANAKURCHI,
   SONDEKOPPA POST,
   NELMANGALA TALUK
   BENGALURU - 562 130.

45. SMT. PUTTALAKSHMAMMA
    AGED ABOUT 54 YEARS
    W/O. LATE MARISWAMY,
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46. SMT. M. SUDHA
    AGED ABOUT 35 YEARS
    D/O. LATE MARISWAMY,

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

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

    RESPONDENT NOS.45 TO 48 ARE
    RESIDING AT NO.36
    ULLALA MAIN ROAD,
    OPP. ULLAL LAKE
    BENGALURU - 560 110.
                                            ...RESPONDENTS

(BY SRI A. RAVISHANKAR, ADVOCATE FOR R1,
 SMT. SHWETA KRISHNAPPA, AGA &
 SRI MOHAMMED JAFFAR SHAH, AGA FOR R2)

     THE ADVOCATE FOR THE PETITIONER HAS FILED THE
ABOVE REVIEW PETITION UNDER SECTION 114 R/W ORDER 47
RULE 1 OF CPC, PRAYING THAT THIS HON'BLE COURT BE
PLEASED TO REVIEW THE ORDER DATED 23/01/2024 PASSED IN
W.A.NO.1171/2022 AND PASS APPROPRIATE ORDERS IN THE
INTEREST OF JUSTICE AND EQUITY AND PASS SUCH OTHER
ORDER   AS   MAY   BE   NECESSARY   IN     THE   FACTS   AND
CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF
JUSTICE AND EQUITY.


     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