Karnataka High Court
Smt.Shaila vs Sri.Sahadev on 24 March, 2025
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NC: 2025:KHC-D:5388
RP No. 100116 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REVIEW PETITION NO. 100116 OF 2019 (-)
BETWEEN:
1. SMT. SHAILA
W/O. KALMESHWAR KAMBLE,
BEFORE MARRIAGE,
MISS SHAILA
D/O. VASANT MAHAR @ KOLKAR,
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O. PLOT NO.656, KUMARSWAMY LAYOUT,
BOUXITE ROAD, BELAGAVI-590010.
2. SHRI BHUPAL @ GAJANAN
S/O. VASANT MAHAR @ KOLKAR,
AGE: 37 YEARS, OCC: SERVICE,
R/O. AMBEDKAR GALLI,
AT & POST: MACCHE VILLAGE,
TAL & DIST: BELAGAVI-590014.
Digitally signed by
ASHPAK
KASHIMSA 3. SMT. SHEELA
MALAGALADINNI
Location: High W/O. RAMESH TALWAR,
Court of
Karnataka, BEFORE MARRIAGE,
Dharwad Bench
MISS SHEELA
D/O. VASANT MAHAR @ KOLKAR,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
R/O. AMBEDKAR GALLI,
AT & POST: MACCHE VILLAGE,
TAL & DIST: BELAGAVI-590014.
4. SHRI APPAYYA
S/O. VASANT MAHAR @ KOLKAR,
AGE: 25 YEARS, OCC: PVT. SERVICE,
R/O. AMBEDKAR GALLI,
AT & POST: MACCHE VILLAGE,
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RP No. 100116 of 2019
TAL & DIST: BELAGAVI-590014.
5. SMT. PARVATI
W/O. VASANT MAHAR @ KOLKAR,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O. AMBEDKAR GALLI,
AT & POST: MACCHE VILLAGE,
TAL & DIST: BELAGAVI-590014.
6. SMT. YALLAVVA
W/O. KALU KAMBLE,
BEFORE MARRIAGE,
MISS YALLALVVA
D/O. YALLAPPA MAHAR @ KOLKAR,
AGE: 70 YEARS, OCC: HOUSEHOLD WORK,
R/O. AT: HANGARAGE, POST : MANDOLI,
BELAGAVI-590008.
7. SHRI SANJAY
S/O. GOPAL MAHAR @ KOLKAR,
AGE: 44 YEARS, OCC: SERVICE,
R/O. H. NO. 4116/2/1A,
KANGRAL GALLI, BELAGAVI-590001.
8. SMT. RUKAMAVVA
W/O. GOPAL MAHAR @ KOLKAR,
AGE: 63 YEARS, OCC: HOUSEHOLD WORK,
R/O. H. NO. 4116/2/1A, KANGRAL GALLI,
BELAGAVI-590001.
9. SHRI PARASHRAM
S/O. ISHWAR MAHAR @ KOLKAR,
AGE: 40 YEARS, OCC: GOVT. SERVICE,
R/O. H. NO.630, AMBEDKAR GALLI,
MACCHE VILLAGE, BELAGAVI-590014.
10. SHRI PARASHRAM
S/O. MALLAPPA RANRALAKE,
AGE: 43 YEARS, OCC: PVT. SERVICE,
R/O. AMBEDKAR GALLI, ANGOL,
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NC: 2025:KHC-D:5388
RP No. 100116 of 2019
BELAGAVI-590006.
11. SMT. SHAMATAI
W/O. TAYAPPA @ BALKRISHNA MAHAR @ KOLKAR,
AGE: 61 YEARS, OCC: HOUSEHOLD WORK,
R/O. PLOT NO.1403, CTS NO. 6092/A,
SECTOR NO.7, VANTMURI COLONY,
BELAGAVI-590016.
12. SMT. HEMA
W/O. SITARAM MAJALATTI,
BEFORE MARRIAGE,
MISS HEMA
D/O. TAYAPPA MAHAR @ KOLKAR,
AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
R/O. GASTI PLOT, HALIYAL ROAD,
TAL: ATHANI, DIST: BELAGAVI-591304.
13. SMT. CHAITRA
W/O. VIRUPAKSHI METRI,
BEFORE MARRIAGE,
MISS CHAITRA
D/O. TAYAPPA MAHAR @ KOLKAR,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O. PLOT NO.1403, CTC NO.6092/A,
SECTOR NO.7, VANTMURI COLONY,
TAL & DIST: BELAGAVI-590016.
14. SMT. KEERATI
W/O. MAHESH SHAHA,
BEFORE MARRIAGE,
MISS KEERATI
D/O. TAYAPPA MAHAR @ KOLKAR,
AGE: 35 YEARS, OCC: HOUSEHOLD WORK,
R/O. PLOT NO.48, ASHIRWAD BUILDING,
RAMTIRTH NAGAR, KANBARGI ROAD,
BELAGAVI-590015.
...PETITIONERS
(BY SRI. RAMESH N. MISALE, ADVOCATE)
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NC: 2025:KHC-D:5388
RP No. 100116 of 2019
AND:
1. SRI. SAHADEV
S/O. SHAMAPPA KOLKAR,
AGE: 55 YEARS, OCC: GOVT. SERVICE & AGRICULTURE,
R/O. BHARAT NAGAR, MACCHE VILLAGE,
TAL & DIST: BELAGAVI-590014.
2. SRI. BALAPPA
S/O. PARASAPPA KOLKAR,
AGE: 66 YEARS, OCC: SERVICE,
R/O. AMBEDKAR GALLI,
MACCHE VILLAGE,
TAL & DIST: BELAGAVI-590014.
3. SRI. PARIS
S/O. RUKAMANNA KOLKAR,
AGE: 58 YEARS, OCC: SERVICE,
R/O. AMBEDKAR GALLI, MACCHE VILLAGE,
TAL & DIST: BELAGAVI-590014.
4. SRI. SHIVAJI
S/O. NAGENDRA ATIWADKAR,
AGE: 58 YEARS, OCC: LAND BUSINESS,
R/O.: PLOT NO.59/10 PIPE LINE ROAD,
VIJAY NAGAR, ELAGAVI-591108.
5. SRI. ASHOK
S/O. MARUTI TARALE
AGE: 58 YEARS, OCC: LAND BUSINESS,
R/O.: II MAIN, 7TH CROSS, SADASHIV NAGAR,
BELAGAVI-590001.
6. SRI. SHAFILAHMED
S/O. RAJAHMED MARKAR
R/O: FLAT NO.502 & 503,
PUSHPA APARTMENTS, 415,
HILL ROAD, NEW MEHBOOB STUDIO,
BANDRA, MUMBAI
BY HIS GPA HOLDER,
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RP No. 100116 of 2019
MOHAMMEDUSAM
ABDUL HAMID BEPARI,
R/O:H.NO.21, ANTHONY STREET CAMP,
BELAGAVI-590001.
7. SMT. SAROJA
W/O. PARASHRAM KAMBLE,
AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
R/O: SHREENAGAR, BELAGAVI-590016.
8. SMT. VIMAL
W/O. ARUN DEMATTI,
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: HOSUR, BELAGAVI-591111.
9. SMT. GEETA
W/O. UMESH BASANAYAK,
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O: HOSUR BASAVAN GALLI, BELAGAVI-590009.
10. SRI. SHASHIKANT
S/O. KALLAPPA KOLKAR,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
BELAGAVI-590014.
11. SRI. VIJAY
S/O. KALLAPPA KOLKAR,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
BELAGAVI-590014.
11(a) SMT. GAURAVVA W/O. VIJAY KOLAKAR,
AGE: 46 YEARS, OCC: HOUSEHOLD WORK,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
BELAGAVI-590014.
11(b) TILAK S/O. VIJAY KOLKAR,
AGE: 14 YEARS, SINCE MINOR REP. BY
MINOR GUARDIAN MOTHER AND NEXT FRIEND,
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RP No. 100116 of 2019
SMT. GAURAVVA W/O. VIJAY KOLAKAR,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
BELAGAVI-590014.
SMT. DRAUPADA
W/O. SHIVRUDRA KOLKAR,
SINCE DECEASED REPRESENTED BY HER LRS
12. SMT. BABY
W/O. MANOHAR KAMBLE
AGE: 42 YEARS, OCC: HOUSE WIFE,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
BELAGAVI-590014.
13. SMT. AKKATAI
W/O. MANOHAR KAMBLE,
AGE: 50 YEARS, OCC: H/W,
R/O: GURUPRASAD COLONY,
BELAGAVI-590008.
14. SRI. TIPPANNA
S/O. CHANDRAPPA KOLKAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
BELAGAVI-590014.
14(a) SMT. GAURAVVA
W/O. TIPPANNA KOLAKAR @ MAHAR,
AGE: 60 YEARS, OCC: HOUSEHOLD,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
TQ & DIST: BELAGAVI-590014.
14(b) SHRI CHANDRAPPA
S/O. TIPPANNA KOLAKAR @ MAHAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
TQ & DIST: BELAGAVI-590014.
14(c) SHRI DHARMU
S/O. TIPPANNA KOLAKAR @ MAHAR,
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RP No. 100116 of 2019
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
TQ & DIST: BELAGAVI-590014.
14(d) SHRI BHARMESH
S/O. TIPPANNA KOLAKAR @ MAHAR,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: BHARAT NAGAR, MACCHE VILLAGE,
TQ & DIST: BELAGAVI-590014.
...RESPONDENTS
(BY SRI. RAMESH I. ZIRALI, ADVOCATE FOR R2, R3,
R6-R10 & R11(A & B);
SRI. ANIL KALE, ADVOCATE FOR R4 & R5;
SRI. LINGARAJ MARADI &
SRI. G.L. HULLER, ADVOCATES FOR R12 & R13;
SRI. A.D. SHILLEDAR &
SRI. SANTOSH B. RAWOOT, ADVOCATES FOR R14(A-D);
R11-DECEASED; R1-HELD SUFFICIENT)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
R/W SECTION 114 OF CPC, PRAYING TO ALLOW THE REVIEW AND
SET ASIDE THE JUDGMENT AND DECREE PASSED IN RSA
NO.100324/2017, DATED 20.12.2018; GRANT LEAVE TO THE
REVIEW PETITIONERS TO COME ON RECORD AS PARTY TO THE
PROCEEDINGS AND TO PROSECUTE THE APPEAL, RSA
NO.100324/2017, TO ITS LOGICAL CONCLUSION AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH
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RP No. 100116 of 2019
ORAL ORDER
Heard the learned counsel appearing for the parties
on IA No.1/2019.
2. This review petition is filed seeking review of
the judgment and decree dated 20.12.2018 in RSA
No.100324/2017 by this Court.
3. Since, there is a delay of 285 days in filing the
review petition, IA No.1/2019 is filed seeking condonation
of delay in filing the review petition and also IA No.2/2020
is filed seeking leave to file review petition.
4. Sri. Ramesh N. Misale, learned counsel
appearing for the review petitioners submitted with
referring to the compromise petition particularly referring
to Clause-XI and submitted that, the review petitioners
herein are being aggrieved by the settlement between the
parties in the second appeal and further, the review
petitioners were not the parties in the second appeal and
accordingly, sought for allowing IA No.2/2020.
NC: 2025:KHC-D:5388
5. Insofar as I.A.No.1/2019 is concerned, Sri.
Ramesh N. Misale, learned counsel appearing for the
review petitioners submitted that the review petitioners
are unaware about the compromise petition between the
parties in RSA No.100324/2017 and the review petitioners
herein having legitimate share in the suit properties
mentioned in the compromise decree, which is the subject
matter in RSA No.100324/2017 and accordingly, sought
for condone the delay of 285 days in filing the review
petition.
6. Per contra Sri. Ramesh I. Zirali, learned counsel
appearing for the contesting respondents submitted that,
the review petitioners herein have filed OS No.72/2019
before the Principal Senior Civil Judge and CJM, Belagavi,
seeking partition and separate possession in respect of
schedule properties therein and the properties in respect
of RSA No.100324/2017 are also suit schedule properties
in OS No.72/2019.
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6.1. It is also submitted by the learned counsel
appearing for the respondents that, since, the review
petitioners herein have filed separate suit seeking partition
and separate possession and were aware about the
proceedings in second appeal and therefore, sought for
dismissal of IA Nos.1/2019 and 2/2020.
7. Sri. Anil Kale, learned counsel appearing for the
respondent Nos.4 and 5 submitted with reference to the
averments made in the statement of objection filed to the
review petition and contended that, rights of the parties is
crystallized in OS No.99/1997 and same has reached
finality and therefore, the present review petition is not
maintainable. He further argued that, the reasons
assigned by the petitioners herein seeking permission to
leave in IA No.2/2020 and IA No.1/2019 are require to be
dismissed as no sufficient cause has been shown.
8. In the light of the submissions made by the
learned counsel appearing for the parties, I have carefully
examined the finding recorded by this Court in the
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judgment and decree dated 20.12.2018 in RSA
No.100324/2017 as well as the suit filed by the review
petitioners in OS No.72/2019, wherein, the certified copy
of the same made available by the learned counsel
appearing for the respondent Nos.2 and 3.
9. With these background of factual aspects, I am
of the view that, as the review petitioners have filed
separate suit in OS No.72/2019 and also it is not in
dispute that, the subject matter in the said suit is also
covers the filled in judgment and decree passed by this
Court in RSA No.100324/2017, I am of the view that, the
review petitioners herein have filed separate suit and
therefore, the reasons assigned by the review petitioners
in IA Nos.1/2019 and 2/2020 cannot not be accepted as
the review petitioners were not aware about the
conclusion of proceedings before this Court and were
diligent.
10. Therefore, applications in I.A.Nos.1/2019 and
2/2020 are dismissed, consequently, the review petition is
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dismissed on the ground of delay and laches as the
sufficient cause has not been shown as required under
Section 5 of the Limitation Act.
Sd/-
(E.S.INDIRESH)
JUDGE
SMM
CT-MCK
