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2025 DAILYLAW 34217 (KAR)

SRI. R. RAMU v. SRI. ANJANAPPA

RP/484/2024 · 2025-02-06

V Srishananda

Review Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:5397 RP No. 484 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA REVIEW PETITION NO. 484 OF 2024 BETWEEN: SRI. R. RAMU S/O. LATE RAMRAJU, AGED ABOUT 63 YEARS, OCC: AGRICULTURE, PRESENTLY R/O. NO. 149, ANNAPURNESHWARI BADAWANE, VEERBHADRA NAGAR, BSK III, BENGALURU - 560 085. …PETITIONER (BY SRI. D. RAVI KUMAR GOKAKAKAR, ADVOCATE) AND: 1. SRI. ANJANAPPA S/O. LATE RAMRAJU, AGE: 60 YEARS, R/O NO. 32, 8TH MAIN, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, BENGALURU - 560 098. 2. SRI. G. VARADRAJA NAIK S/O LATE G.R. NAIK, AGE 58 YEARS, R/O. NO. 6, K.R. ROAD, BENGALURU - 560 004. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5397 RP No. 484 of 2024 3. R. JAGANNATH S/O. LATE RAMRAJU, AGE 75 YEARS, R/O. NO.107/2, 11TH CROSS, PADARAYANPURA, BENGALURU - 560 026. R. SATYANARAYANA S/O. RAMRAJU, SINCE DECEASED BY HIS LRS., R1 AND R3. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF THE CODE OF CIVIL PROCEDURE PRAYING TO A) REVIEW THE JUDGMENT AS ANNEXURE A i.e. JUDGMENT DATED 02.09.2024 IN R.F.A. NO. 532/2016 PASSED BUY THIS HON'BLE COURT AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL ORDER Heard Sri. B. Ravi Kumar Gokakakar, learned counsel appearing for the Review Petitioner. 2. Respondent No.1 - Sri. R. Ramu who did not choose to contest the appeal in RFA No.532/2016. Though he was - 3 - NC: 2025:KHC:5397 RP No. 484 of 2024 served with the notice of the appeal, he remained unrepresented, is challenging the order dated 02.09.2024 passed in RFA No.532/2016. 3. By the said order, this Court set aside the impugned judgment in O.S.No.3695/1998 on payment of cost of Rs.10,000/- payable by the appellant and permitted the appellant to contest the suit on merits in accordance with law. It is also observed by this Court that a connected offshoot proceedings is pending in O.S.No.6478/2013 and O.S.No.3695/1998 is to be tried along with O.S.No.6478/2013. 4. Respondent No.1 has now filed the present review on the ground that respondent No.2 - Sri. G. Varadaraja Naik has suppressed the fact of he having suffered a decree in RFA No.1509/2010 dated 14.06.2016 and again he has been provided a chance now to contest O.S.No.3695/1998 and therefore there is error apparent on record to seek the review of the order passed in RFA No.532/2016. 5. If respondent No.2 is taking advantage of the setting aside of the decree in O.S.No.3695/1998 which had - 4 - NC: 2025:KHC:5397 RP No. 484 of 2024 become final in so far as respondent No.2 in RFA No.1510/2010 is concerned, it is always open for the present Review Petitioner to bring it to the notice of the learned Trial Judge in O.S.No.3695/1998 which is now being tried along with O.S.No.6498/2013 and necessary orders can be obtained including filing necessary application under Order II Rule 2 of the Code of Civil Procedure as against respondent No.2. With that observation, the present Review Petition does not merit for admission. Accordingly, the review petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SJK List No.: 1 Sl No.: 31 CT: BHK