- 1 - NC: 2025:KHC:2083-DB RP No. 42/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA REVIEW PETITION NO. 42/2024 BETWEEN: B SURENDRA SETTY S/O LATE B ERANNA AGED ABOUT 75 YEARS OCC-RETIRED JUNIOR ENGINEER NEAR BHARAT TALKIES MAIN ROAD KAMPLI BALLARI DISTRICT …PETITIONER (BY SRI. GURUDEV I GACHCHINAMATH, ADVOCATE) AND: 1. SMT SUJATHA S SETTY @ RATNA S SETTY W/O B SURENDRA SETTY D/O M V RAMANAIAH SETTY AGED ABOUT 67 YEARS R/O D.NO.637/2 7TH MAIN, P J EXTN DAVANAGERE-577002 DIST-DAVANAGERE 2. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 01 3. EXECUTIVE ENGINEER PANCHAYAT RAJ ENGINEERING SAGAR TOWN Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2083-DB RP No. 42/2024 SHIVAMOGGA DIST - 577201. 4. SUPERINTENDENT ENGINEER PANCHAYAT ENGINEERING DAVANAGERE CITY - 577002. 5. ASST. EXECUTIVE ENGINEER PANCHAYAT ENGINEERING SORABA TOWN SHIVAMOGGA DISTRICT - 577201. 6. THE ACCOUNTANT GENERAL A AND E, P.A 11TH BRANCH BENGALURU - 01. 7. DISTRICT TREASURY OFFICER CHANNAGIRI ROAD DAVANAGERE - 577002. …RESPONDENTS (BY SRI. RAJENDRA K R, AGA FOR R2 TO R7 V/O DTD 24.09.2024 PETITION AGAINST R1 IS DISMISSED) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE JUDGMENT MADE IN MFA NO. 4392/2010 DATED 22/08/2012 PASSED BY THIS COURT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Heard petitioner’s counsel. - 3 - NC: 2025:KHC:2083-DB RP No. 42/2024 2. Under the above petition, the petitioner has sought review of the judgment of this Court dated 22.08.2012 passed in MFA No.4392/2010. By the judgment sought to be reviewed, this Court has dismissed the petitioner’s appeal and confirmed the order of the Trial Court granting maintenance of `3,000/- per month and has created charge on the schedule ‘B’ immovable property i.e., site measuring 40 x 67 feet situated at Shamanuru Village, Davanagere Taluk and District. 3. There is 12 years delay in filing the petition. Since the petitioner did not pay the process fee to issue notice to respondent No.1 in compliance of the peremptory order dated 24.09.2024, review petition against respondent No.1 stood dismissed. 4. The above applications are filed to recall the said order and for permission to take notice for respondent No.1 by way of paper publication. 5. As already noticed, review petition is filed after lapse of 12 years of the judgment. The petitioner in his own petition states that despite the above judgment creating charge over the property, without permission of this Court has gifted - 4 - NC: 2025:KHC:2083-DB RP No. 42/2024 the property to his sister on 13.11.2020, she inturn claims to have sold the same to one Sri. K.G.Nagarajappa on 23.05.2022. 6. Both the transactions are in utter disregard to the judgment of this Court. No leniency can be shown to a person who has willfully violated the order of this Court in active assistance of his sister to overreach the judgment sought to be reviewed. Such transactions are perse, malafide and illegal. 7. For the aforesaid reasons, apparently review petition lacks merits. No purpose will be served by recalling the order dated 24.09.2024. Therefore, I.A.5/2024 & I.A.6/2024 are dismissed. On dismissal of the petition against respondent No.1, the same does not survive against the other respondents. Hence the petition against them also is dismissed. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 25