- 1 - NC: 2025:KHC-K:2205 RP No. 200090 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REVIEW PETITION NO. 200090 OF 2024 BETWEEN: 1. SIDDAMMA W/O DHANAYYA AGED ABOUT 51 YEARS, OCC: AGRICULTURE, R/O: ARALAGUNDAGI, TQ: JEWARGI – 585 310, DIST: KALABURAGI. 2. VEERESH S/O DHANAYYA AGED ABOUT 31 YEARS, OCC: AGRICULTURE, R/O: ARALAGUNDAGI, TQ: JEWARGI – 585 310, DIST: KALABURAGI. 3. RAJESHWARI D/O DHANAYYA W/O RACHAYYA, AGED ABOUT 29 YEARS, OCC: AGRICULTURE, R/O: ARALAGUNDAGI, TQ: JEWARGI – 585 310, DIST: KALABURAGI. 4. VEERABHADRESH S/O DHANAYYA, AGED ABOUT 25 YEARS, OCC: AGRICULTURE, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2205 RP No. 200090 of 2024 R/O: ARALAGUNDAGI, TQ: JEWARGI – 585 310, DIST: KALABURAGI. 5. SIDRAMESH S/O DHANAYYA, AGED ABOUT 17 YEARS, OCC: STUDENT, MINOR U/G OF NATURAL MOTHER SIDDAMMA W/O DHANAYYA, R/O: ARALAGUNDAGI, TQ: JEWARGI – 585 310, DIST: KALABURAGI. …REVIEW PETITIONERS (BY SRI VENKATESH C.MALLABADI, ADVOCATE) AND: 1. SRI. DHANAYYA S/O ERAYYA MATH, AGED ABOUT 80 YEARS, OCC: AGRICULTURE AND RETIRED TEACHER, R/O: ARALAGUNDAGI, TQ: JEWARGI – 585 310, DIST: KALABURAGI. 2. SMT. NIMBATAI (NIRMALA) @ VIRUPAKSHAMMA S/O DHANAYYA MATH W/O INDUDAR IEMATH, AGED ABOUT 54 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O: JEWARGI, TQ: JEWARGI – 585 310, DIST: KALABURAGI. 3. ANNAPURNA W/O DHANAYYA MATH, AGED ABOUT 70 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O: JEWARGI, TQ: JEWARGI – 585 310, - 3 - NC: 2025:KHC-K:2205 RP No. 200090 of 2024 DIST: KALABURAGI. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH UNDER ORDER 47 RULE 1 OF C.P.C., PRAYING TO REVIEW / MODIFY THE ORDER / JUDGMENT DATED 03.09.2024 MADE IN R.S.A.NO.200028/2021 BY THIS HON’BLE COURT BY GRANTING APPROPRIATE SHARE TO THE PETITIONERS HEREIN IN THE SCHEDULE PROPERTIES ON THE EQUAL FOOTING AS THAT OF RESPONDENT NO.2 – NIMBUTAI @ NIRMALA AND ETC. THIS REVIEW PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Heard the learned counsel appearing for the petitioners. 2. This petition is filed seeking review of the Judgment rendered in Regular Second Appeal No.200028/20021. 3. In terms of the aforesaid Judgment and decree under review this Court has declined to grant share to the children born from void marriage on the premise that, the father of the children is still alive. - 4 - NC: 2025:KHC-K:2205 RP No. 200090 of 2024 4. Learned counsel for the petitioners submits that, the share should also be granted to the children born from void marriage and the said children are entitled to seek partition when the father is still alive. 5. This Court is unable to accept the said contention. The children born from the void marriage are not entitled to claim the share in the separate property, when the father is still alive. 6. Hence, this Court does not find any error in Judgment passed under review. Accordingly, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE SVH List No.: 1 Sl No.: 39