Md. Ayyub vs Babuchandkote And Ors
2024 Latest Caselaw 25805 Kant

Karnataka High Court

Md. Ayyub vs Babuchandkote And Ors on 30 October, 2024

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                                                        NC: 2024:KHC-K:8009
                                                  RP No. 200034 of 2023




                           IN THE HIGH COURT OF KARNATAKA,

                                  KALABURAGI BENCH

                       DATED THIS THE 30TH DAY OF OCTOBER, 2024

                                        BEFORE
                 THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                         REVIEW PETITION NO.200034 OF 2023
                                           IN
                            W.P.NO.204748/2016 (GM-WAKF)
                BETWEEN:

                 MD. AYYUB S/O MD. NABI KAZI (MUTWALLI)
                 MOUZANNI MASJID AND MULLANGIRI VILLAGE
                 MANNUR TQ. AFZALPUR, DIST. GULBARGA
                 DEATH BY KAMRUZAMA S/O MD. AYYUB KAZI
                 AGE. 51 YEARS, OCCU. SERVICE
                 R/O VILLAGE MANNUR, TQ. AFZALPUR
                 DIST. KALABURAGI AT PRESENT RESIDING
                 AT 196 DR. AMBEDKAR NAGAR HOTGI ROAD,
                 MAJREWADI, SOLAPUR-413005
Digitally signed (MAHARASHTRA STATE)
by RENUKA                                                     ...PETITIONER
Location: HIGH
COURT OF       (BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
KARNATAKA
                AND:

                1.   SRI. BABUCHANDKOTE
                     S/O LATE BASAVANTHRAYA
                     AGE.41 YEARS, OCC. AGRICULTURIST
                     R/O MANNUR VILLAGE, TQ. AFZALPUR
                     DIST. KALABURAGI-585217.

                2.   THE STATE
                     BY ITS PRINCIPAL SECRETARY
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                                        NC: 2024:KHC-K:8009
                                   RP No. 200034 of 2023




     FOR REVENUE, M.S.BUILDING
     DR. AMBEDKAR VEEDHI
     BANGALORE-560001.

3.   THE ASSISTANT COMMISSIONER
     OFFICE OF THE REGIONAL COMMISSIONER
     GULBARGA DIVISION, GULBARGA-585101.

4.   TAHSILDAR, AFZALPUR
     KALABURAGI DISTRICT-585217

5.   CIRCLE INSPECTOR
     AFZALPUR POLICE STATION
     AFZALPUR-585217.

6.   DISTRICT WAKF BOARD
     KALABURAGI-585102
     REP. BY DISTRICT WAKF OFFICER,
     NEAR BY KAMATH HOTEL STATION ROAD,
     KALABURAGI-585103.
                                           ...RESPONDENTS

(BY SRI S.S.HALALLI, ADVOCATE FOR R1;
R2 TO R6 SERVED)

      THIS R.P. IS FILED U/S. 114 OF THE CPC PRAYING TO
REVIEW THE JUDGMENT AND ORDER DATED 17.02.2020
PASSED BY THIS COURT IN W.P.NO.204748/2016 IN THE
INTEREST OF JUSTICE AND EQUITY.

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


CORAM:   HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
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                                         NC: 2024:KHC-K:8009
                                      RP No. 200034 of 2023




                       ORAL ORDER

(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)

This review petition is filed seeking review of the

order dated 17.02.2020 passed in W.P.No.204748/2016.

2. Learned counsel appearing for respondent No.1

has brought to the notice of this Court that review

petitioner filed a writ appeal questioning this order and the

said writ appeal was dismissed for non compliance of office

objections. The said order is annexed along with statement

of objection filed by respondent No.1.

3. Perusal of the same, this Court has noticed that

said writ appeal in W.A.No.200102/2021 was dismissed

vide order dated 17.11.2021. This review petition

primarily is not maintainable in the light of dismissal of the

writ appeal. Be that be that as it may. Even otherwise,

the grounds urged in the review petition prima facie do not

satisfy the requisites of Order 47 of CPC. Under the garb

of review, the petitioner is virtually seeking rehearing,

NC: 2024:KHC-K:8009

which is not permissible under law. Even on this ground,

review petition is not maintainable.

Accordingly, review petition stands dismissed.

In view of disposal of review petition, all pending

applications stand rejected.

Sd/-

(SACHIN SHANKAR MAGADUM) JUDGE

SRT