Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:11631 RP No. 35 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ REVIEW PETITION NO. 35 OF 2025
BETWEEN:
SRI. SRINIVAS S. D., SON OF LATE DODDAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.19/1, ASTHA GRAMA LAYOUT, BEHIND KAMAKSHIPALYA TRAFFIC POLICE STATION, BASAVESHWARANAGAR, BANGALORE - 560 079. …PETITIONER (BY SRI. M. RAJASHEKAR, ADVOCATE) AND:
1.
SMT. MADDURAMMA, WIFE OF SRI. CHIKKANNA, AGED ABOUT 50 YEARS, RESIDING AT NO.1014, NEW NO.61, 2ND MAIN, MC LAYOUT, MAGADI MAIN ROAD, WEST OF CHORD ROAD, VIJAYANAGAR, BANGALORE - 560 036.
2.
SRI. NAGAPPA, SON OF LATE BASAPPA, AGED ABOUT 70 YEARS, REPRESENTED BY SPA HOLDER SMT. B.N.YASHODA, WIFE OF NANDISH KUMAR,
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:11631 RP No. 35 of 2025
DAUGHTER OF B. NAGAPPA, BOTH RESIDING AT NO.37, 1ST 'B' MAIN ROAD, 7TH CROSS, MUKAMBIKANAGAR, HOSAKEREHALLI, BANGALORE- 560 085.
3.
SMT. GOWRAMMA, WIFE OF SRI. B.S.SUDHIR, AGED ABOUT 55 YEARS, RESIDING AT NO.421, 6TH CROSS, OPP. OM SHAKTHI TEMPLE, ULLAL UPANAGAR, BANGALORE - 560 110.
4.
SMT. NIRMALA, WIFE OF PUTTASWAMY, AGED ABOUT 54 YEARS, RESIDING AT NO.1014, NEW NO.61, 2ND MAIN, MC LAYOUT, MAGADI MAIN ROAD, WEST OF CHORD ROAD, VIJAYANAGAR, BANGALORE - 560 040.
5.
SRI. BASAVARAJU, SON OF LATE BASAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO.421, 6TH CROSS, OPP. OM SHAKTHI TEMPLE, ULLAL UPANAGAR, BANGALORE - 560 110.
6.
SRI. PRAKASH, SON OF LATE BASAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO.46 AND 47, 2ND MAIN ROAD, 4TH CROSS, SAI BABA MANDIR ROAD, KAMAKSHIPALYA EXTENSION, BANGALORE - 560 079. …RESPONDENTS
- 3 -
NC: 2025:KHC:11631 RP No. 35 of 2025
THIS REVIEW PETITION FILED UNDER ORDER XLVII RULE 1 OF R/W SEC. 114 OF THE CPC 1908, PRAYING TO REVIEW THE
ORDER PASSED IN WP NO.20587/2024, DATED 14.11.2024, AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
This review petition is filed to review the order dated 14.11.2024 in W.P.No.20587/2024.
2. This review petition is filed on the premise that the petitioner had filed an application in W.P.No.20587/2024 to be impleaded as he was an auction purchaser. It is contended that the said application was not considered at the time of disposal of the writ petition and therefore, the order dated 14.11.2024 has to be reviewed.
3. The petitioner had filed an application for being impleaded in W.P.No.20587/2024 on the ground that he had purchased the property at an auction held on 03.07.2023. This Court found that the auction sale dated 03.07.2023 was stillborn as there was no Court sale on 06.07.2023 and the Court did not follow the procedure prescribed under Rule 140 of the Karnataka Civil Rules of Practice, 1967 and that the
- 4 -
NC: 2025:KHC:11631 RP No. 35 of 2025
petitioner did not deposit 25% of the bid amount on the date of auction and remaining within 15 days as prescribed under
Order XXI Rule 85 of CPC. Therefore, this Court disposed off the writ petition directing the Final Decree Court to comply the procedure prescribed under Rules 138, 139 and 140 of the Karnataka Civil Rules of Practice, 1967. As the petitioner has no vested right as his bid is not accepted in the Court auction, he cannot challenge the
order passed by this Court in W.P.No.20587/2024.
4. Consequently, no interference is warranted to review the order passed by this Court. Hence, the Review Petition is dismissed.
5. If any amount is deposited by the petitioner before the Final Decree Court pursuant to the auction dated 03.07.2023, the same shall be refunded to him in accordance with law.
Sd/- (R. NATARAJ) JUDGE
NS CT:TSM List No.: 1 Sl No.: 22