Basavaraj vs Ramappa

Type Court Judgment Court Karnataka Orders Decided May 31, 2024

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Citation: sooperkanoon.com/1873615
Court: Karnataka Orders High Court
Judge: S.R.Krishna Kumar
Decided On: May 31, 2024
Case Number: RP/58/2024

Parties & Advocates

Appellant / Petitioner

Basavaraj

Respondent

Ramappa

Excerpt

.....38 years …petitioners (by sri.hanumanthappa b. haravi gowdar, advocate) and:1. ramappa aged about 72 years r/at k gollaarahalli village2. shekarappa aged about 65 years3. rajappa aged about 60 years chikkamagaluru district - 577 157 -3-4. smt. chandramma w/o late anandappa aged about 58 years occ. house wife, …respondents this review petition under order 47 rule 1 of cpc, praying to a) review the order dated 11/01/2024 passed by the learned single judge in wp no. 28662/2023 and etc. this petition, coming on for orders, this day, the court made the following:orderthis review petition is filed by the review petitioner seeking review of the order dated 11.01.2024 passed by this court in w.p.no.28662/2023.2. by final order dated 11.01.2024, this court disposed of the w.p.no.28662/2023 by holding as under:“4. under these circumstances, i deem it just and appropriate to dispose off this petition directing that the impugned compromise decree passed in o.s.no.99/2023 is not binding upon the petitioners and will not affect their alleged right, title or interest or possession over the subject matter of the compromise decree, in any manner, whatsoever. so also the compromise decree will not -4-impact or affect the rights and contentions of the parties in o.s.no.226/2023, pending between the parties. all rival contentions between the parties in the suit are kept open and no opinion is expressed on the same. subject to the aforesaid directions, the petition is disposed of.”3. as can be seen from the aforesaid order, all rights andcontentions of all parties including the review petitioner have been sufficiently protected by this court while passing the said order. under these circumstances, i do not find any merit in the review petition and the same is hereby disposed of without interfering with the impugned order. sd/- judge bmc list no.: 1 sl no.: 1

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REVIEW PETITION NO. 58 OF 2024 BETWEEN:
1. BASAVARAJ AGED ABOUT 41 YEARS,
2. MANJAMMA W/O LATE REVANNA AGED ABOUT 59 YEARS OCC HOUSEWIFE R/AT K GOLLARAHALLI VILLAGE, KUDLURU TARIKERE TALUK CHIKKAMAGALURU DIST - 577 157.
3. NAGARAJ S/O LATE MALIYAPPA, Digitally signed
by VANDANA S            AGED ABOUT 55 YEARS,
Location: HIGH          OCC AGRICULTURIST
COURT OF                R/AT CHOWDESHWARI COLONY,
KARNATAKA               TARIKERE TALUK,
4. SOMASHEKAR AGED ABOUT 53 YEARS R/AT BEGURAIAH BEEDI -2-
5. RAVI S/O MALIYAPPA AGED ABOUT 45 YEARS
6. HEMARAJ AGED ABOUT 38 YEARS …PETITIONERS (BY SRI.HANUMANTHAPPA B. HARAVI GOWDAR, ADVOCATE) AND:
1. RAMAPPA AGED ABOUT 72 YEARS R/AT K GOLLAARAHALLI VILLAGE
2. SHEKARAPPA AGED ABOUT 65 YEARS
3. RAJAPPA AGED ABOUT 60 YEARS CHIKKAMAGALURU DISTRICT - 577 157 -3-
4. SMT. CHANDRAMMA W/O LATE ANANDAPPA AGED ABOUT 58 YEARS OCC. HOUSE WIFE, …RESPONDENTS THIS REVIEW PETITION UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO A) REVIEW THE ORDER DATED 11/01/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO. 28662/2023 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This Review Petition is filed by the review petitioner seeking review of the order dated 11.01.2024 passed by this Court in W.P.No.28662/2023.

2. By final order dated 11.01.2024, this Court disposed of the W.P.No.28662/2023 by holding as under:

“4. Under these circumstances, I deem it just and appropriate to dispose off this petition directing that the impugned compromise decree passed in O.S.No.99/2023 is not binding upon the petitioners and will not affect their alleged right, title or interest or possession over the subject matter of the compromise decree, in any manner, whatsoever. So also the compromise decree will not -4-

impact or affect the rights and contentions of the parties in O.S.No.226/2023, pending between the parties. All rival contentions between the parties in the suit are kept open and no opinion is expressed on the same. Subject to the aforesaid directions, the petition is disposed of.”

3. As can be seen from the aforesaid order, all rights and

contentions of all parties including the review petitioner have been sufficiently protected by this court while passing the said order. Under these circumstances, I do not find any merit in the Review Petition and the same is hereby disposed of without interfering with the impugned order. Sd/- JUDGE BMC List No.: 1 Sl No.: 1

Same Court & Year Karnataka Orders · 2024 Same Parties Basavaraj vs Ramappa Same Judge S.R.Krishna Kumar