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High Court of Karnataka · body

2025 DAILYLAW 14933 (KAR)

JAYASHREE JAYANTH v. N KRISHNASWAMY

RP/45/2025 · 2025-03-14

Sreenivas Harish Kumar, Umesh M Adiga

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10656-DB RP No. 45 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA REVIEW PETITION NO. 45 OF 2025 IN RFA.No.1226 OF 2016 (PAR) BETWEEN: JAYASHREE JAYANTH W/O JAYANTH BALAKRISHNA, AGED ABOUT 55 YEARS, R/OF 183 PRESTIGE NORTH WEST COUNTRY RAJANAKUNTE, OFF DODDABALLAPUR ROAD, BANGALORE - 560 064. REPRESENTED BY GPA HOLDER JAYANTH BALAKRISHNA LL.M., F.I.C.A. …PETITIONER (BY SMT. JAYASHREE JAYANTH - REVIEW PETITIONER, REPRESENTED BY GPA HOLDER, SRI. JAYANTH BALAKRISHNA, PARTY-IN-PERSON) AND: 1. N. KRISHNASWAMY S/O P.B. NANJIAH, AGED ABOUT 84 YEARS, R/OF NO.21/67, MAIN ROAD, METTYAPALAYAM - 641 301. COIMBATORE DISTRICT, TAMIL NADU - 641 001. Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10656-DB RP No. 45 of 2025 2. PREMALEELA KRISHNASWAMY W/O N. KRISHNASWAMY, AGED ABOUT 69 YEARS, R/OF, 21/1/67, MAIN ROAD, METTUPALAYAM - 641 301. COIMBATORE DISTRICT, TAMIL NADU. (DELETED AS PER ORDER DATED:26//08/2010 IN T.C) 3. MALLIKA MURALI BABU, D/O N. KRISHNASWAMY, AGED ABOUT 50 YEARS, R/OF KRISHNALEELA, 59/E MAIN ROAD, METTUPALAYAM, COIMBATORE DISTRICT, TAMIL NADU - 641 301. REPRESENTED BY L.R.S 3. (a) PRETIKA MANOJ W/O SRI. MANOJ AND D/O LATE. MALLIKA MURALI BABU, AGED ABOUT 32 YEARS. 3. (b) AMITA MURALI BABU D/O LATE. MALLIKA MURALI BABU, AGED ABOUT 30 YEARS. BOTH R/OF KRISHNALEELA, 59/E MAIN ROAD, METTUPALAYAM - 641 301. COIMBATORE DISTRICT, TAMIL NADU. 4. R. MURALI BABU (HUSBAND OF MALLIKA MURALI BABU), S/O H.A. RANGASAMY, AGED ABOUT 53 YEARS, R/O KRISHNALEELA, 59/E MAIN ROAD, METTUPALYAM - 641 301. COIMBATORE DISTRICT, TAMIL NADU - 641 001. - 3 - NC: 2025:KHC:10656-DB RP No. 45 of 2025 5. R. THIMMAMMAL, W/O N. RAMOO GOWDER, AGED ABOUT 90 YEARS, R/OF 21/1/53, MAIN ROAD, METTUPALAYAM - 641 301. COIMBATORE DISTRICT, TAMIL NADU - 641 001. 6. R. CHANDRASEKAR, S/O N. RAMOO GOWDER, AGED ABOUT 70 YEARS, R/OF 21/1/53, MAIN ROAD, METTUPALAYAM - 641 301. COIMBATORE DISTRICT, TAMIL NADU - 641 001. 7. USHA UMAPATHI, W/O R. UMAPATHI, AGED ABOUT 59 YEARS, R/OF LASYA, 91/1, KASTURI APARTMENTS, OFF. KASTURI RANGA ROAD, ALWARPET, CHENNAI - 600 018. 8. PREETHAM UMAPATHI, S/O R. UMAPATHI, AGED ABOUT 38 YEARS, R/O,LASYA, 91/1, KASTURI APARTMENTS, OFF: KASTURI RANGA ROAD, ALWARPET, CHENNAI - 600 018. 9. VIKRAM UMAPATHI, S/O R. UMAPATHI, AGED ABOUT 34 YEARS, R/O, LASYA, 91/1, KASTURI APARTMENTS, OFF: KASTURI RANGA ROAD, ALWARPET, CHENNAI - 600 018. - 4 - NC: 2025:KHC:10656-DB RP No. 45 of 2025 10. PREETHI SHIVRAM, D/O, SHYMALA DEVARAJ, AGED ABOUT 46 YEARS, R/OF NO.41416, MISSION DRIVE, PALMDALE, CALIFORNIA - 93551, USA. 11. PRIYA DEVARAJ, D/O SHYMALA DEVARAJ, AGED ABOUT 43 YEARS, R/OF NO.41416, MISSION DRIVE, PALMDALE, CALIFORNIA - 93551, USA. 12. VASANTHA PADMANABHA D/O N. RAMOO GOWDER, AGED ABOUT 66 YEARS, R/OF NO.41416, MISSION DRIVE, PALMDALE, CALIFORNIA - 93551, USA. 13. MALATHI KRISHNASWAMY, D/O N. RAMOO GOWDER, AGED ABOUT 64 YEARS, R/OF NO. 10/B, KRUPA BORIAHGOWDER STREET, L.S.PURAM, METTUPALAM - 641 301. COIMBATORE DISTRICT, TAMIL NADU - 641 001. 14. SUJATHA CHANDAPPA, W/O N. CHANDAPPA, AGED ABOUT 78 YEARS, R/O, NO.6/9, PRIMROSE ROAD, GURAPPA AVENUE, BANGALORE - 560 025. 15. NANJARAJ CHANDAPPA, S/O N. CHANDAPPA, AGED ABOUT 52 YEARS, R/O, NO.6/9, PRIMROSE ROAD, GURAPPA AVENUE, BANGALORE - 560 025. - 5 - NC: 2025:KHC:10656-DB RP No. 45 of 2025 16. CHANDINI SURYA KUMAR, S/O, N. CHANDAPPA, AGED ABOUT 59 YEARS, R/O, NO.26, MARIANNAPALYA, HEBBAL, BANGALORE - 560 024. 17. NANDINI AMAR KUMAR D/O N. CHANDAPPA, AGED ABOUT 56 YEARS, R/O, NO.68, ASOKA PILLAR ROAD, NEAR CANARA BANK, II BLOCK, JAYANAGAR, BANGALORE - 560 011. 18. K. KANTHARAJ REPRESENTED BY L.R.S 18(a) M.V. MALATHI W/O LATE K. KANTHARAJ, AGED ABOUT 58 YEARS. 18 (b) K. KESHAVARAJ S/O LATE. K. KANTHARAJ, AGED ABOUT 40 YEARS. BOTH R/O, NO.11/150, K.K. NAGAR, COIMBATORE MAIN ROAD, METTUPALAYAM - 641 301. 19. RENUKA LAKSHMANAN, D/O KAMALA KRISHNARAJ, AGED ABOUT 50 YEARS, R/O, NO.11/150, K.K. NAGAR, COIMBATORE MAIN ROAD, METTUPALAYAM - 641 301. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO REVIEW THE JUDGMENT/ORDER DATED 22.10.2024 IN RFA NO.1226/2016 IN THE INTERESTS OF JUSTICE AND EQUITY. - 6 - NC: 2025:KHC:10656-DB RP No. 45 of 2025 THIS PETITION, IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR and HON'BLE MR JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR) Though there are office objections to be complied with, it is not necessary to deal with the same as we are of the following opinion : There is 56 days in filing the review petition. Though the delay can be condoned, however we find that the grounds taken in the review petition are not worth to be considered for two reasons; firstly the grounds that can be urged in the appeal are taken in the review petition and secondly that the review petitioner wants rehearing of the appeal. Both are not permitted. In our opinion, there is no error apparent on the face of the record nor there is any other ground for granting review. - 7 - NC: 2025:KHC:10656-DB RP No. 45 of 2025 Therefore, Review Petition is dismissed. Consequently, pending IAs. also stand disposed of. Sd/- (SREENIVAS HARISH KUMAR) JUDGE Sd/- (UMESH M ADIGA) JUDGE bk List No.: 1 Sl No.: 1