- 1 - NC: 2025:KHC-D:1412-DB RP No. 100009 of 2023 C/W RP No. 100014 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ AND THE HON'BLE MR. JUSTICE G BASAVARAJA REVIEW PETITION NO.100009 OF 2023 (-) C/W REVIEW PETITION NO. 100014 OF 2023 IN RP NO.100009/2023 (-) BETWEEN: 1. PARIKASHITH S/O. VIJAYANAND KELAGADI, AGE: 26 YEARS, OCC: STUDENT, R/O.C/O. RAMACHANDRA NAIK 2ND MAIN MAHALAXMI NAGAR, BATAVAID, TUMAKURU-3. 2. SMT. VIJAYALAXMI W/O. VIJAYANAND KELAGADI, AGE: 50 YEARS, OCC: HOUSEWIFE, R/O.C/O. RAMACHANDRA NAIK 2ND MAIN MAHALAXMI NAGAR, BATAVAID, TUMAKURU-3. …PETITIONERS (BY SRI. HARSHAWARDHAN M. PATIL, ADVOCATE) AND: 1. VIJAYANAND S/O. LATE VENKATESH KELAGADI, AGE: 55 YEARS, OCC: BUSINESS, R/O. MIG 90/1 KARNA TAKA HOUSING BOARD COLONY, CHANNAPETH OLD HUBLI, HUBLI, DIST: DHARWAD. 2. SMT. SARASWATI CALLING HERSELF AS W/O. VIJAYANAND KELAGADI, SINCE DECEASED BY LRS., ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 11:54:25 +0530 - 2 - NC: 2025:KHC-D:1412-DB RP No. 100009 of 2023 C/W RP No. 100014 of 2023 2(A) KUM. PARWATI VIJAYANAND KELAGADE, AGE: 19 YEARS, OCC: STUDENT, R/O. AKKIAALUR, TQ: HANAGAL, DIST: HAVERI-581102. 3. SMT. SAYYED BEGUM W/O. MAINUDDIN SOUDAGAR, AGE: 54 YEARS, OCC: RELIGIOUS PEACHER, R/O. DOODANAN DARGA, TORAVI HAKKAL, HUBBALLI, DIST: DHARWAD-580001. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER LXVII RULE 1 OF CPC, PRAYING TO REVIEW THE JUDGMENT AND DECREE DATED 02-11-2022 PASSED BY THIS HON’BLE COURT IN RFA NO.100135/2014, BY ALLOWING THE PRESENT REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY; CONSEQUENTLY, RESTORE THE RFA NO.100135/2014 ON THE FILE, BY ALLOWING THE PRESENT REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN RP NO.100014/2023 BETWEEN: 1. PARIKASHITH S/O. VIJAYANAND KELAGADI, AGE: 26 YEARS, OCC: STUDENT, R/O.C/O. RAMACHANDRA NAIK 2ND MAIN MAHALAXMI NAGAR, BATAVAID, TUMAKURU-572103. 2. SMT. VIJAYALAXMI W/O. VIJAYANAND KELAGADI, AGE: 50 YEARS, OCC: HOUSEWIFE, R/O.C/O. RAMACHANDRA NAIK 2ND MAIN MAHALAXMI NAGAR, BATAVAID, TUMAKURU-572103. …PETITIONERS (BY SRI. HARSHAWARDHAN M. PATIL, ADVOCATE) AND: 1. VIJAYANAND S/O. LATE VENKATESH KELAGADI, AGE: 58 YEARS, OCC: BUSINESS, R/O. MIG 90/1 KARNA TAKA HOUSING - 3 - NC: 2025:KHC-D:1412-DB RP No. 100009 of 2023 C/W RP No. 100014 of 2023 BOARD COLONY, CHANNAPETH OLD HUBLI, HUBLI, DIST: DHARWAD-580024. 2. SMT. SARASWATI CALLING HERSELF AS W/O. VIJAYANAND KELAGADI, AGE: 48 YEARS, OCC: BUSINESS, R/O. MIG 90/1 KARNA TAKA HOUSING BOARD COLONY, CHANNAPETH OLD HUBBALLI, HUBBALLI, DIST: DHARWAD-580024. 3. SMT. SAYYED BEGUM W/O. MAINUDDIN SOUDAGAR, AGE: 54 YEARS, OCC: RELIGIOUS PEACHER, R/O. DOODANAN DARGA, TORAVI HAKKAL, HUBBALLI, DIST: DHARWAD-580001. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER LXVII RULE 1 OF CPC, PRAYING TO REVIEW THE JUDGMENT AND DECREE DATED 02-11-2022 PASSED BY THIS HON’BLE COURT IN RFA NO.100224/2015, BY ALLOWING THE PRESENT REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY; CONSEQUENTLY, RESTORE THE RFA NO.100224/2015 ON THE FILE, BY ALLOWING THE PRESENT REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ AND THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Both the above review petitions have been filed seeking for review of the judgement dated 02.11.2022 - 4 - NC: 2025:KHC-D:1412-DB RP No. 100009 of 2023 C/W RP No. 100014 of 2023 passed in RFA No.100224/2015 C/w RFA No.100135/2014. 2. Though initially the review petitions were filed by a different counsel, the said counsel on being brought to the notice of the judgement of the Hon'ble Supreme Court in case of Tamil Nadu Electricity Board and Ors Vs N.Raju Reddiar and Ors reported in (1997) 9 SCC 736, that a new counsel cannot file a review petition, had sought for sometime and now the earlier counsel, who had appeared in Regular First Appeals for the petitioners has come on record. 3. A perusal of the review petitions and the grounds made out therein indicate that these are completely new arguments, which have been taken up by the petitioners. None of these grounds form part of the pleadings or have been argued in the earlier instance, infact a new case is set up, the question of considering new arguments in review petitions, would not arise. - 5 - NC: 2025:KHC-D:1412-DB RP No. 100009 of 2023 C/W RP No. 100014 of 2023 4. The review petitions are bereft of any merits in as much as there are no grounds made out for review of the aforesaid judgement. 5. Except making certain a new arguments and interpretation of the facts, no grounds coming within the purview of a review petition have been raised in the present review petitions. The review petitions appear to be a completely malafide petitions and does not satisfy the requirements of law. Though this Court could impose costs for having filed such a review petitions, this Court refrains from doing so. The review petitions stand dismissed consequently. 6. In view of disposal of the petitions, pending interlocutory applications, if any, do not survive for consideration and are dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE Sd/- (G BASAVARAJA) JUDGE AM/- List No.: 19 Sl No.: 3