Sri Arun Kumar T S/O T Suresha vs Smt Anusuyamma W/O Sri M Sathyanna
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Karnataka High Court

Sri Arun Kumar T S/O T Suresha vs Smt Anusuyamma W/O Sri M Sathyanna on 17 January, 2025

Author: Ravi V.Hosmani

Bench: Ravi V.Hosmani

                                                  -1-
                                                                 NC: 2025:KHC-D:717
                                                            RP No. 100002 of 2025




                                 IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH

                           DATED THIS THE 17TH DAY OF JANUARY, 2025

                                               BEFORE

                            THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

                               REVIEW PETITION NO.100002 OF 2025

                      BETWEEN:

                      1. SRI ARUN KUMAR.T,
                         S/O. T. SURESHA, AGED ABOUT 30 YEARS,
                         R/AT. 17TH WARD, 6TH CROSS,
                         HANUMAN NAGARA, BELLARY - 583 101.

                      2. SRI T. GANGADHARA,
                         S/O. T. SURESHA,
                         AGED ABOUT 27 YEARS,
                         R/AT. 17TH WARD, 6TH CROSS,
                         HANUMAN NAGARA, BELLARY - 583 101.

                      3. SMT. SUMA
                         D/O. K.N. JAMBUNATH,
                         W/O. BANDA POMPAPATHI,
                         AGED ABOUT 43 YEARS,
         Digitally
                         RESIDING AT 17-1-76,
                         KALLIMATAM STREET, WARD 17TH,
         signed by
         MANJANNA
MANJANNA E
E        Date:
         2025.01.20
         14:21:41
         +0530
                         RAYADURGA, ANANTHPUR,
                         ANDRA PRADESH - 515 865.

                      4. KUMARI MALATHI,
                         D/O. K.N. JAMBUNATH,
                         AGED ABOUT 42 YEARS,
                         RESIDING AT DATTASAI NAGAR,
                         17TH WARD, BELLARY TOWN-583 101.

                                                                     ... PETITIONERS
                      (BY SRI S. RAJSHEKAR, ADVOCATE FOR
                          SRI MRUTYUNJAY TATA BANGI AND
                          SRI S.S.YALIGAR, ADVOCATES)
                            -2-
                                         NC: 2025:KHC-D:717
                                   RP No. 100002 of 2025




AND:

1. SMT. ANUSUYAMMA, W/O. SRI M. SATHYANNA,
   AGED ABOUT 74 YEARS,
   R/O. NEELAKANATRAYA VIVRESE COLONY,
   NEAR RAJARAJESHWARI TEMPLE,
   HANUMAN NAGAR, ADONI,
   KARNOOL DISTRICT - 518301,
   ANDHRA PRADESH.

2. SRI B. SOMESWARA
   S/O. LATE RANGAPPA,
   AGED ABOUT 69 YEARS,
   R/O. NEELAKANATRAYA VIVRESE COLONY,
   NEAR RAJARAJESHWARI TEMPLE,
   HANUMAN NAGAR, ADONI,
   KARNOOL DISTRICT - 518301,
   ANDHRA PRADESH.

3. SRI B. NAGARAJU
   S/O. LATE RANGAPPA,
   AGED ABOUT 61 YEARS,
   R/O. NEELAKANATRAYA VIVRESE COLONY,
   NEAR RAJARAJESHWARI TEMPLE,
   HANUMAN NAGAR, ADONI,
   KARNOOL DISTRICT - 518301,
   ANDHRA PRADESH.

4. SRI B. MALLIKARJUNA
   S/O. LATE RANGAPPA,
   AGED ABOUT 54 YEARS,
   R/O. NEELAKANATRAYA VIVRESE COLONY,
   NEAR RAJARAJESHWARI TEMPLE,
   HANUMAN NAGAR, ADONI,
   KARNOOL DISTRICT - 518301,
   ANDHRA PRADESH.

5. SRI LAKSHMANNA
   S/O. SRI BUDDAPPA
   MAJOR, R/O Y. NAGESHSHASTRY COMPOUND,
   MAHANDIKOTTAM, 16TH WARD,
   TALURU ROAD, BALLARI TOWN-583 101.

6. SMT. ADEMMA
   W/O. SRI SHESHAPPA,
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                                     RP No. 100002 of 2025




   MAJOR,
   R/O Y. NAGESHSHASTRY COMPOUND,
   MAHANDIKOTTAM, 16TH WARD,
   TALURU ROAD, BALLARI TOWN-583 101.

7. SRI MALLANNA
   S/O. SRI BUDDAPPA,
   MAJOR,
   R/O Y. NAGESHSHASTRY COMPOUND,
   MAHANDIKOTTAM, 16TH WARD,
   TALURU ROAD, BALLARI TOWN-583 101.

8. SMT. NAGAMMA W/O. SRI VEERABHADRAPPA,
   MAJOR, R/O Y. NAGESHSHASTRY COMPOUND,
   MAHANDIKOTTAM, 16TH WARD,
   TALURU ROAD, BALLARI TOWN-583 101.

9. SMT. GANGAMMA
   W/O. LATE VISHWANATHSWAMY,
   AGED ABOUT 74 YEARS,
   R/O Y. NAGESHSHASTRY COMPOUND,
   MAHANDIKOTTAM, 16TH WARD,
   TALURU ROAD, BALLARI TOWN-583 101.

10. SRI NARAYANA
    S/O. LATE VISHWANATHSWAMY,
    AGED ABOUT 51 YEARS,
    R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD,
    BALLARI TOWN-583 101.

11. SRI NEELAKANTAPPA
    S/O. LATE SOMAPPA,
    AGED ABOUT 56 YEARS,
    R/O. SHEKAR COLONY, 2ND CROSS,
    AVANI APARTMENT (PLOT NO.6),
    4TH FLOOR, S.N. PET, BALLARI.

12. SMT. PUSHPA
    D/O. KODIGANTI NEELAKANTAPPA,
    AGED ABOUT 32 YEARS,
    R/O. SHEKAR COLONY, 2ND CROSS,
    AVANI APARTMENT (PLOT NO.6),
    4TH FLOOR, S.N. PET, BALLARI.
                             -4-
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                                     RP No. 100002 of 2025




13. SMT. SOUMYA
    D/O. KODIGANTI NEELAKANTAPPA,
    AGED ABOUT 26 YEARS,
    R/O. SHEKAR COLONY, 2ND CROSS,
    AVANI APARTMENT (PLOT NO.6),
    4TH FLOOR, S.N. PET, BALLARI.

14. SRI SHIVA
    S/O. LATE VISHWANATHSWAMY,
    AGED ABOUT 47 YEARS,
    R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.

15. SRI B. NARAYANA
    S/O. VENKATANARSAPPA,
    AGED ABOUT 79 YEARS,
    R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.

16. SRI SRIDHAR
     S/O. SRI BADESAB,
    MAJOR, R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.

17. SMT. GANGAMMA
    W/O. LATE SRI VISHWANATHSWAMY,
    MAJOR, R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.

18. SMT. LAKSHMAMMA
   W/O. LATE ANANDASWAMY,
   AGED ABOUT 64 YEARS,
   R/O Y. NAGESHSHASTRY COMPOUND,
   MAHANDIKOTTAM, 16TH WARD,
   TALURU ROAD, BALLARI TOWN-583 101.

19. SRI RAHAVENDRA
    S/O. LATE ANANDASWAMY,
    AGED ABOUT 44 YEARS,
    R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.
                              -5-
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                                     RP No. 100002 of 2025




20. SMT. PADMAVATHI
    D/O. LATE ANANDASWAMY,
    AGED ABOUT 42 YEARS,
    R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.


21. SMT. JOYTHI
    D/O. LATE ANANDASWAMY,
    AGED ABOUT 39 YEARS,
    R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.

22. SRI GURUSWAMY
    S/O. LATE MACHANI NARASAPPA,
    AGED ABOUT 84 YEARS,
    R/O Y. NAGESHSHASTRY COMPOUND,
    MAHANDIKOTTAM, 16TH WARD,
    TALURU ROAD, BALLARI TOWN-583 101.
                                            ... RESPONDENTS

       THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ
WITH    ORDER 47 RULE 1 OF CPC, PRAYING TO ALLOW THIS
PRESENT REVIEW PETITION AND REVIEW THE JUDGMENT AND
FINAL ORDER DATED 24.12.2024 PASSED BY THIS HONBLE COURT
IN W.P.NO.107817/2024 AS PER ANNEXURE-A. ISSUE A WRIT OF
CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 09.12.2024
PASSED ON IA NO.III BY HONBLE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE AT BELLARY IN RA NO.12/2018 ON ORDER I RULE
10(2) APPLICATION AT ANNEXURE-B. TO ALLOW THE IMPLEADING
APPLICATION FILED BY WRIT PETITIONERS/APPLICANTS IN RA
NO.12/2018 PENDING ON THE FILE OF HONBLE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE AT BELLARY BY ALLOWING THE
PRESENT REVIEW PETITION.


       THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
                                -6-
                                             NC: 2025:KHC-D:717
                                         RP No. 100002 of 2025




                         ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This review petition is filed for review of order dated

24.12.2024 passed by this Court in W.P.no.107817/2024.

2. Sri S.Rajashekhar, learned counsel for petitioners

appearing through video conference submitted that writ petition

was filed challenging order passed on I.A.no.III for impleading

filed in R.A.No.12/2018. It was submitted application was filed

for impleading on ground that petitioners though interested in

suit properties and had filed suit for partition were left out on

array of parties in appeal and would be affected by any

judgment and decree passed therein. It was submitted,

rejection of impleading application would be contrary to various

reported decisions. On said ground seeks for review.

3. Heard learned counsel and perused order

impugned.

4. Though review is sought on ground that rejection of

impleading application by Appellate Court was contrary to law,

it is seen, while disposing of writ petition, this Court had taken

note of fact that application was filed after matter was heard

and reserved for judgment and that petitioners had filed and

were prosecuting independent suit for partition. Dismissal of

NC: 2025:KHC-D:717

writ petition was with observation that rejection of application

would not prejudice to petitioners in prosecuting their suit

independently. Since application was filed after matter was

heard and reserved for judgment by First Appellate Court, only

clarification that would perhaps be required, would be that

rejection of application would not curtail remedies of petitioners

of questioning judgment and decree passed in appeal or

pursuing his suit independently. Same would not however, be a

ground to entertain review petition.

5. With above observation, review petition is

dismissed.

In view of nature of disposal, compliance of office

objection would not be necessary.

SD/-

(RAVI V.HOSMANI) JUDGE

EM CT:PA