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2025 DAILYLAW 16980 (KAR)

N. NANJAPPA SINCE DEAD BY HIS LEGAL REPRESENTATIVE , SRI. NAVEEN, v. SRI. RAKESH SINGH

RP/118/2019 · 2025-04-25

B M Shyam Prasad, R Nataraj

Review Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:17164-DB RP No. 118 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE R. NATARAJ REVIEW PETITION NO. 118 OF 2019 BETWEEN: N. NANJAPPA SINCE DEAD BY HIS LEGAL REPRESENTATIVES 1. SRI. NAVEEN, S/O. LATE NANJAPPA, AGED ABOUT 50 YEARS, 2. SRI. N. VINAY S/O. LATE NANJAPPA, AGED ABOUT 46 YEARS, BOTH ARE RESIDING AT NO.94, 9TH CROSS, 2ND MAIN, WEAVERS COLONY, GANGANAGAR, BENGALURU-560 032. …PETITIONERS (BY SRI. VIVEK B.N., ADVOCATE) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17164-DB RP No. 118 of 2019 AND: 1. SRI. RAKESH SINGH THE COMMISSIONER OF BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK ROAD, BENGALURU-560 020. 2. SRI. M.S.N. BABU THE LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK ROAD, BENGALURU-560 020. …RESPONDENTS (BY SRI. B.S. SACHIN, ADVOCATE) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULES 1 AND 2 READ WITH SECTION 114 OF CPC PRAYING THIS HON'BLE COURT TO REVIEW THE ORDER DATED 01.03.2019 MADE IN CCC NOS.2085- 2086/2018 VIDE ANNEXURE-A AND ALLOW THE CONTEMPT PETITION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD AND HON'BLE MR JUSTICE R. NATARAJ - 3 - NC: 2025:KHC:17164-DB RP No. 118 of 2019 ORAL ORDER (PER: HON'BLE MR JUSTICE B M SHYAM PRASAD) This Review Petition is filed for review of this Court's order dated 01.03.2019 in CCC Nos.2085- 2086/2018. This complaint in CCC No.2085- 2086/2018 is filed alleging disobedience of the interim order dated 10.12.2015 in W.P. No.60013/2014 which essentially reads that the petitioners shall not be dispossessed if not already dispossessed from the subject property. The contempt proceedings under this complaint stand closed by the order dated 01.03.2019 in the light of certain of the materials on record with certain observation. This Courts order reads as under "3. There is a substantial material to support the pleadings of the accused. Even otherwise, the order passed by the learned Single Judge is to - 4 - NC: 2025:KHC:17164-DB RP No. 118 of 2019 protect the possession, if the petitioners were not already dispossessed. 4. In view of the substantial material indicating dispossessing of the complainant prior to the grant of the interim order, we do not find any grounds to proceed further. The proceedings are dropped." Sri Vivek B.N., the learned counsel for the petitioners, submits that after the order dated 01.03.2019 in the aforesaid contempt proceedings, the writ petition in W.P. No.60013/2014 stands disposed of referring the controversy to a Committee, that the Committee has also rendered its view and that the petitioner has called in question such view in W.P. No.28694/2023. On the petitioners' request for review, the learned counsel submits that the observation as aforesaid could prejudice the petitioner. The learned counsel for the respondents is heard in the light of the afore. This Court only opines - 5 - NC: 2025:KHC:17164-DB RP No. 118 of 2019 that it would suffice to dispose of the petition without any specific observation except observing all aspects will be considered in the pending writ petition in W.P. No.28694/2023. The Review Petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 1