Karnataka High Court
Smt Seethalakshmi G S vs M N Keshavamurthy on 30 October, 2024
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NC: 2024:KHC:43766
RP No. 438 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REVIEW PETITION NO.438 OF 2024
BETWEEN:
SMT. SEETHALAKSHMI G S
@ YADHUGIRIYAMMA
W/O. G. R. SINGA IYENGAR
D/O. M.S. NARASIMHACHAR R
AGED ABOUT 92 YEARS,
R/AT "NENAPU", BEHIND
HDCC BANK LIMITED,
VIDYANAGAR,
HASSAN-573 202.
REPRESENTED BY HER GPA HOLDER
MURALI MOHAN G.S.
S/O. SMT. SEETHALAKSHMI G. S
@ YADUGIRIYAMMA,
Digitally signed by
SHARMA ANAND
W/O. G.R. SINGA IYENGAR,
CHAYA
Location: High Court
D/O. M.S. NARASIMHACHAR
of Karnataka
AGED ABOUT 67 YEARS,
R/AT "NENAPU", BEHIND
HDCC BANK LIMITED,
VIDYANAGAR,
HASSAN - 573 202.
...PETITIONER
(BY SRI. VIJAY B.K., ADVOCATE)
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NC: 2024:KHC:43766
RP No. 438 of 2024
AND:
M.N. KESHAVAMURTHY
DECEASED AND REPRESENTED BY LEGAL
REPRESENTATIVES
M.K. PADMA,
DECEASED AND REPRESENTED BY LEGAL
REPRESENTAIVES
1. M.K. SRINIVAS
AGED: MAJOR,
S/O LATE M.N. KESHAVAMURTHY,
2. M.K. RAMDAS
AGED: MAJOR,
S/O LATE M.N. KESHAVAMURTHY,
3. M.K. GOPAL
AGED: MAJOR,
S/O LATE M.N. KESHAVAMURTHY,
4. M.K. NEELA RAMDAS
AGED: MAJOR,
S/O LATE M.N. KESHAVAMURTHY,
R/AT D. NO. 2611, SHANTI NILAYA, NORTHERN
EXTENSION, HASSAN-573 201.
5. M.K. MANJULA
AGED: MAJOR,
D/O LATE M.N. KESHAVAMURTHY,
RESPONDENTS NO.1 TO 5 ARE
R/AT D. NO.2611,
SHANTI NILAYA,
NORTHERN EXTENSION,
HASSAN-573 201.
M.N. KRISHNA IYENGAR
DECEASED AND REPRESENTED BY LEGAL
REPRESENTATIVES
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RP No. 438 of 2024
M.N. GODA KRSHNA IYENGAR,
DECESED AND
REPRESENTED BY LEGAL REPRESENTATIVES,
6. M.K. NARASIMHA PRASAD,
AGED ABOUT 59 YEARS,
S/O LATE M.N. KRISHNA IYENGAR,
R/AT NO.13, 3RD CROSS
NANJAPPA EXTENSION,
6TH PHASE, J P NGAR,
BENGALURU 560027.
7. M.K. KESHAVA PRASAD
AGED ABOUT 55 YEARS,
S/O LATE M.N. KRISHNA IYENGAR,
R/AT D. NO.2611, SHANTI NILAYA,
NORTHERN EXTENSION,
HASSAN-573 201.
8. M.K. SRIDHARA
AGED ABOUT 55 YEARS,
S/O LATE M.N. KRISHNA IYENGAR,
R/AT D. NO.2611, SHANTI NILAYA,
NORTHERN EXTENSION,
HASSAN-573 201.
9. M.K. ASHA
AGED ABOUT 52 YEARS,
D/O LATE M.N. KRISHNA IYENGAR,
R/AT D. NO.2611,
SHANTI NILAYA,
NORTHERN EXTENSION,
HASSAN-573 201.
10. M.K. MUKUNDA
AGED ABOUT 51 YEARS,
S/O LATE M.N. KRISHNA IYENGAR,
R/AT D. NO.2611,
SHANTI NILAYA,
NORTHERN EXTENSION,
HASSAN-573 201.
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RP No. 438 of 2024
11. M.K. USHA
AGED ABOUT 49 YEARS,
D/O LATE M.N KRISHNA IYENGAR,
R/AT D. NO.2611,
SHANTI NILAYA,
NORTHERN EXTENSION,
HASSAN-573 201.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII,
R/W SECTION 114 OF CIVIL PROCEDURE CODE, 1908 PRAYING
TO REVIEW THE JUDGMENT DATED 07/08/2024 PASSED IN
R.S.A. NO.1660/2022, THEREBY GIVING THE PETITIONER AN
OPPORTUNITY TO BE HEARD WITH RESPECT TO THE SAID
APPEAL.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this Review Petition, the petitioner is assailing the
Judgment dated 07.08.2024 passed by this Court, in RSA
No.1660/2022.
2. Having heard the learned counsel for the Review
Petitioner and taking into consideration the fact that the
Regular Second Appeal came to be dismissed on the ground of
NC: 2024:KHC:43766
delay and laches as the appeal was preferred with inordinate
delay of 1105 days, and in that view of the matter, as there is
no error apparent on the face of the record, I do not find any
merit in the submission made by the learned counsel for the
Review Petitioner with regard to the reason assigned that the
appellant/plaintiff is an old woman. Accordingly, having regard
to the declaration of law made by the Hon'ble Supreme Court in
the case of SANJAY KUMAR AGARWAL Vs. STATE TAX OFFICER
reported in (2024) 2 SCC 362, no interference is called for in
this Review Petition.
3. The Review Petition is dismissed.
SD/-
(E.S.INDIRESH)
JUDGE
sac
