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2025 DAILYLAW 11954 (KAR)

SHANTAPPA DIED BY LRS 1)SABAWWA AND ORS v. MALLAPPA DIED BY LRS HANAMANTHA DIED KBY LRS 1) TIPPAWWA AND ORS

RP/200071/2023 · 2025-07-11

K S Hemalekha

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3847 RP No. 200071 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE Mrs JUSTICE K S HEMALEKHA REVIEW PETITION NO. 200071 OF 2023 BETWEEN: 1. SHANTAPPA DIED BY LRS SABAWWA W/O LATE SRI SHANTAPPA, AGE: 86 YEARS, OCC: HOUSEWIFE, R/O PUJARI GALLI HIRAPUR, KALABURAGI – 585 103. 2. CHANDRAKANTH S/O LATE SHANTAPPA, AGE: 66 YEARS, OCC: KSRTC DRIVER, R/O PUJARI GALLI HIRAPUR, KALABURAGI - 585103. 3. SURYAKANTH S/O LATE SHANTAPPA, AGE: 64 YEARS, OCC: AUTO DRIVER, R/O PUJARI GALLI HIRAPUR, KALABURAGI – 585 103. 4. RAMACHANDRA S/O LATE SHANTAPPA, AGE: 61 YEARS, OCC: BOREWELL WORK, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3847 RP No. 200071 of 2023 R/O PUJARI GALLI HIRAPUR, KALABURAGI -585 103. 5. RAJKUMAR S/O LATE SHANTAPPA, AGE: 54 YEARS, OCC: PRIVATE WORK, R/O PUJARI GALLI HIRAPUR, KALABURAGI – 585 103. 6. SHIVAPUTRAPPA S/O BEERAPPA, AGE: 84 YEARS, OCC: ARGICULTURE, R/O HIRAPURA, KALABURAGI -585 103. 7. BHARATIBAI W/O BASAPPA, AGE: 58 YEARS, OCC: AGRICULTURE, R/O HIRAUR, KALABURAGI – 585 103. 8. SUBHASH S/O BEERAPPA, AGE: 63 YEARS, OCC: AGRICULTURE, R/O HIRAPUR TQ, DISTRICT: KALABURAGI – 585 103. …PETITIONERS (BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE) AND: 1. MALLAPPA DIED BY LRS HANAMANTHA DIED KBY LRS TIPPAWWA - 3 - HC-KAR NC: 2025:KHC-K:3847 RP No. 200071 of 2023 W/O HANMANTHA, AGE: 58 YEARS, OCC: HOUSEHOLD, R/O HIRAPUR, KALABURAGI-585103. 2. RAJKUMAR S/O HANUMANTHA, AGE: 48 YEARS, OCC: AGRICULTURE, R/O HIRAPUR, KALABURAGI-585103. 3. SHIVAKUMAR S/O HANUMANTHA, AGE: 41 YEARS, OCC: AGRICULTURE, R/O HIRAPUR, KALABURAGI-585103. 4. GEETA D/O HANAMANTHA, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O HIRAPUR, KALABURAGI-585103. 5. SAVITA D/O HANAMANTHA, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O HIRAPUR, KALABURAGI-585103. 6. KAMALABAI W/O BANDAPPA, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O HIRAPUR, KALABURAGI-585103. NAGARAJ @ NAGENDRA S/O BASAPPA DIED BY LRS - 4 - HC-KAR NC: 2025:KHC-K:3847 RP No. 200071 of 2023 7. ANSUBAI W/O LATE NAGARAJ, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O HIRAPUR, KALABURAGI-585103. 8. AISHWARYA D/O LATE NAGARAJ, AGE: 24 YEARS, R/O HIRAPUR, KALABURAGI-585 103. 9. BASAVARAJ S/O LATE NAGARAJ, AGE: 22 YEARS, R/O HIRAPUR, KALABURAGI-585 103. 10. SOUNDARYA D/O LATE NAGARAJ, AGE : 20 YEARS, R/O HIRAPUR, KALABURAGI-585 103. 11. ANNARAYA S/O BASAPPA, AGE: 33 YEARS, OCC: PRIVATE WORK, R/O HIRAPUR, KALABURAGI-585 103. 12. KAVITA D/O BASSAPPA, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O HIRAPUR, KALABURAGI-585 103. - 5 - HC-KAR NC: 2025:KHC-K:3847 RP No. 200071 of 2023 13. RUKKAWWA D/O BASSAPPA, AGE: 32 YEARS, OCC: HOUSEHOLD, R/O HIRAPUR, KALABURAGI-585 103. 14. AMBAWWA W/O NAGAPPA DIED BY LRS MALLIKARJUN S/O LATE BHYIMASHANKAR POOJARI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O LAXMMI NAGAR, HIRAPUR, KALABURGI- 585 103. 15. SHIVANAND S/O LATE BHIMASHANKAR POOJARI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O LAXMMI NAGAR, HIRAPUR, KALABURGI- 585 103. 16. HANMANTHA S/O BHIMASHANKAR POOJARI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O LAXMMI NAGAR, HIRAPUR, KALABURAGI – 585 103. 17. BHIMASHANKAR S/O NAGAPPA GOLA, AGE: 66 YEARS, OCC: AGRICULTURE, R/O HIRAPUR, KALBURAGI-585 103. 18. SHARNAPPA S/O HEERAGAPPA GOLA DIED BY LRS. SMT. MALKAMMA W/O SHARANAPPA, AGE: 88 YEARS, OCC: HOUSEHOLD, - 6 - HC-KAR NC: 2025:KHC-K:3847 RP No. 200071 of 2023 R/O HEERAPUR VILLAGE H.NO:11-227/H, PUJARI GALLI TQ, DISTRICT KALABURAGI-585 103. 19. RUKKANNA S/O HEERAGAPPA, AGE: 70 YEARS, OCC: AGRICULTURE, R/O HIRAPUR, KALABURAGI. 20. CHANDRAKANTH S/O SHIVARAYA, AGE: 53 YEARS, OCC: AGRICULTURE, R/O HIRAPUR, KALABURAGI. 21. LAXMIKANTH S/O LATE SHANTAPPA, AGE: 57 YEARS, OCC: AUTO DRIVER, R/O PUJARI GALLI, HIRAPUR, KALABURAGI. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC READ WITH SECTION 114 OF CPC, PRAYING TO ALLOW THE ABOVE REVIEW PETITION AND RECALL THE ORDER DATED 19.09.2023 IN RSA NO.2031/2005 AND DISMISS THE RSA NO.2031/2005, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K S HEMALEKHA - 7 - HC-KAR NC: 2025:KHC-K:3847 RP No. 200071 of 2023 ORAL ORDER (PER: HON'BLE MRS. JUSTICE K S HEMALEKHA) A Memo is filed by the learned counsel for the petitioners stating that the review petition has become infructuous, in light of the compromise arrived in E.P.No.80/2023 between the parties. The said memo reads as under: “Counsel for the above named petition, herein submits that, the above said matter is compromised in EP-80/2023 pending on the file of PRL. Civil Judge & JMFC, Kalaburagi, therefore above petition become infractous, may kindly be permitted to withdraw the above said petition.” 2. The memo is taken on record. 3. In view of the same, the review petition is dismissed as having become infructuous. __________Sd/-__________ JUSTICE K S HEMALEKHA MCR List No.: 1 Sl No.: 10