Yogesha vs N Suresha
2025 Latest Caselaw 9402 Kant

Karnataka High Court

Yogesha vs N Suresha on 25 October, 2025

Author: R Devdas

Bench: R Devdas

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                                               NC: 2025:KHC:42330
                                               RP No. 393 of 2024


            HC-KAR




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 25TH DAY OF OCTOBER, 2025

                                    BEFORE
                      THE HON'BLE MR. JUSTICE R DEVDAS
                       REVIEW PETITION NO.393 OF 2024
           BETWEEN:

                 YOGESHA
                 S/O. ERAPNA THIMMEGOWDA
                 AGED ABOUT 46 YEARS
                 R/O. ABALAVADI VILLAGE
                 KOPPA HOBLI, MADDUR TALUK
                 MANDYA DISTRICT-571 425
                                                    ...PETITIONER
           (BY SRI NITIN RAMESH, ADVOCATE)

           AND:

           1.    N. SURESHA
                 S/O. LATE C. NANJUNDAIAH
                 AGED ABOUT 54 YEARS
Digitally
signed by
KRISHNAPPA 2.    SRIKANTAIAH
LAXMI            S/O. LATE C. NANJUNDAIAH
YASHODA          AGED ABOUT 50 YEARS
Location:
HIGH COURT       BOTH ARE RESIDING AT
OF
KARNATAKA        R/O. ABALAVADI VILLAGE
                 KOPPA HOBLI, MADDUR TALUK
                 MANDYA DISTRICT-571 425
                                                  ...RESPONDENTS
           (BY SMT. JAYASHREE P., ADVOCATE)

                THIS REVIEW PETITION IS FILED UNDER SECTION 114
           READ WITH ORDER 47 RULE 1 OF CPC, 1908 READ WITH
           ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO
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                                         NC: 2025:KHC:42330
                                         RP No. 393 of 2024


HC-KAR




CALL FOR THE RECORDS IN WP NO.20075/2024 BEFORE THE
HON'BLE HIGH COURT OF KARNATAKA AT BENGALURU AND
REVIEW THE JUDGMENT PASSED BY THE HON'BLE HIGH
COURT OF KARNATAKA AT BENGALURU IN WP NO.20075/2024
DATED 30/7/2024, PRODUCED HEREWITH AS ANNEXURE-A.

     THIS REVIEW PETITION IS COMING ON FOR ADMISSION,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS


                      ORAL ORDER

Learned Counsel, Smt.Jayashree.P., has entered

appearance for the respondents. The learned counsel is

present before the court.

2. Learned Counsel for the review petitioner submits

that the respondents filed the writ petition before this

Court being aggrieved of the order passed by the

Executing Court in an interlocutory application by the

petitioner herein under Order XXVI Rule 10 (b) read with

Section 151 of CPC in Execution Case No.162/2019.

3. However, this Court accepted the submissions

made at the bar and without even issuing notice to the

NC: 2025:KHC:42330

HC-KAR

respondent, that is the petitioner herein, this Court

proceeded to pass the order on the date when the matter

had come up for Preliminary Hearing before this Court.

4. Learned Counsel submits that the respondents

have concealed the fact that the review petitioner had filed

the execution case based on the compromise decree

passed in the Lok Adalat and on failure of the respondents

herein in complying with the terms of the settlement, the

review petitioner had approached the Executing Court.

Therefore the question of the Executing Court accepting

the amount sought to be tendered at the hands of the

respondent at this stage would not arise. The matter was

required to be considered on its merits.

5. Learned counsel would therefore submit that the

order passed in the writ petition may be recalled and the

writ petition may be restored to enable the review

petitioner herein to contest the matter before this Court.

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6. Learned Counsel for the respondents however

submits that the submissions made before this Court was

that in terms of the compromise decree, the respondents

herein had agreed to pay Rs.2,30,000/- to the review

petitioner herein on or before 09.06.2019 and therefore

the review petitioner cannot contend that any concealment

was made on the part of the respondents herein when the

writ petition was heard by this Court.

7. Having heard the learned counsel for the review

petitioner, the learned counsel for the respondents and on

perusing the petition papers, this Court is of the

considered opinion that the writ petition was disposed of

on the date when the matter was listed for Preliminary

Hearing, without notice to the respondents, only on the

basis of the submissions made by the learned counsel for

the writ petitioner. The facts sought to be submitted now

at the hands of the review petitioner were not brought to

the notice of this Court.

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8. This is sufficient to hold that the review petitioner

has made out a case of an error apparent on the face of

the record.

9. Accordingly, the review petition is allowed. The

order dated 30.07.2024 passed in W.P.No.20075/2024 is

hereby recalled. The writ petition is restored to its original

file. Office is directed to list the writ petition before the

bench having roster.

10. Parties are directed to maintain status quo as on

this day regarding the suit schedule property.

Ordered accordingly.

Sd/-

(R DEVDAS) JUDGE

JT/-

CT:VC