- 1 - NC: 2025:KHC-D:4932 RP No. 100025 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO. 100025 OF 2025 (-) BETWEEN: 1. SMT. HONAWWA W/O. KALLAPPA SHINDOLKAR, SINCE DECEASED BY HER LR’S. 1A) SMT. SHANTA W/O. MAHADEV BHATKHANDE, AGE: 58 YEARS, OCCUPATION: HOUSEHOLD WORK, R/O. AMBEWADI, TAL & DIST: BELAGAVI-591143. 1B) SMT. VIDYA @ RUKMINI WD/O. VITHAL SHINDOLKAR, AGE: 50 YEARS, OCCUPATION: HOUSEHOLD WORK, R/O. HONAGA, TAL & DIST: BELAGAVI. 1C) SHRI. VIKAS S/O. VITHAL SHINDOLKAR, AGE: 32 YEARS, OCCUPATION: SERVICE WORK, R/O. HONAGA, TAL & DIST: BELAGAVI. 1D) SHRI. VIJAY S/O. VITHAL SHINDOLKAR, AGE: 30 YEARS, OCCUPATION: SERVICE WORK, R/O. HONAGA, TAL & DIST: BELAGAVI. 1E) SHRI. BABU S/O. KALLAPPA SHINDOLKAR, AGE: 55 YEARS, OCCUPATION: AGRICULTURE, R/O. HONAGA, TAL & DIST: BELAGAVI. 1F) SHRI. SHIVAJI S/O. KALLAPPA SHINDOLKAR, AGE: 52 YEARS, OCCUPATION: AGRICULTURE, R/O. HONAGA, TAL & DIST: BELAGAVI. …PETITIONERS (BY SRI. A.B. NESARGI, ADVOCATE) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:16 +0530 - 2 - NC: 2025:KHC-D:4932 RP No. 100025 of 2025 AND: 1. SHRI. BHAIRU S/O. MAHADEV SAMBHAJICHE, AGE: 71 YEARS, OCCUPATION: AGRICULTURE, R/O. KEDNUR, TAL: AND DIST: BELAGAVI. 2. SMT. SHEWANTA W/O. SHANKAR DHUDUM, AGE: 69 YEARS, OCCUPATION: HOUSEHOLD WORK, R/O. TANAJI GALLI, HONAGA, TAL: AND DIST: BELAGAVI. 3. SMT. PADMAVATI W/O. KALLAPPA HIROJI, AGE: 57 YEARS, OCCUPATION: HOUSEHOLD WORK, R/O. CHIKKALGUD VILLAGE, TAL: HUKKERI, DIST: BELAGAVI. 4. SHRI. NANA S/O. MAHADEV SAMBHAJICHE, AGE: 53 YEARS, OCCUPATION: AGRICULTURE, R/O. KEDNUR, TAL: AND DIST: BELAGAVI. 5. SHRI. YALLAPPA S/O. MAHADEV SAMBHAJICHE, AGE: 51 YEARS, OCCUPATION: AGRICULTURE, R/O. KEDNUR, TAL: AND DIST: BELAGAVI. 6. SMT. SHANTA W/O. RAMU BALEKUNDRI, AGE: MAJOR, OCCUPATION: HOUSEHOLD WORK, R/O. HONAGA VILLAGE, TAL: AND DIST: BELAGAVI. 7. KUMARI. MALU D/O. RANU BALEKUNDRI, AGE: MAJOR, OCCUPATION: HOUSEHOLD WORK, R/O. HONAGA VILLAGE, TAL: AND DIST: BELAGAVI. 8. SMT. VANDANA W/O. SURESH RAKSHE, AGE: MAJOR, OCCUPATION: HOUSEHOLD WORK, R/O. AMBEWADI VILLAGE, TAL: AND DIST: BELAGAVI. 9. SMT. BALAWWA W/O. BHAVAKU RAKSHE, SINCE DECEASED BY HER LR’S. - 3 - NC: 2025:KHC-D:4932 RP No. 100025 of 2025 9A). SHRI GANGARAM S/O. BHAVAKU RAKSHE, AGE: 55 YEARS, OCCUPATION: PENSIONER, R/O. H.NO.1325, LAXMI NAGAR GANESHPUR, HINDALGA, BELAGAVI. 9B). SHRI KALLAPPA S/O. BHAVAKU RAKSHE, AGE: 55 YEARS, OCCUPATION: AGRICULTURE, R/O. AMBEWADI, TAL: AND DIST: BELAGAVI. 9C). SHRI SURESH S/O. BHAVAKU RAKSHE, AGE: 49 YEARS, OCCUPATION: AGRICULTURE, R/O. AMBEWADI, TAL: AND DIST: BELAGAVI. 9D). SHRI MAHADEV S/O. BHAVAKU RAKSHE, AGE: 49 YEARS, OCCUPATION: AGRICULTURE, R/O. AMBEWADI, TAL: AND DIST: BELAGAVI. 10. SMT. LAXMI W/O. SANTU BALEKUNDRI, AGE: MAJOR, OCCUPATION: HOUSEHOLD WORK, R/O. HONAGA, TAL: AND DIST: BELAGAVI. 11. SMT. LAXMI W/O. CHANDRAKANT PATIL, AGE: MAJOR, OCCUPATION: HOUSEHOLD WORK, R/O. RANAKUNDE, POST: SANTIBASTWAD, TAL: AND DIST: BELAGAVI. 12. MISS. VARSHA D/O. SANTU BALEKUNDRI, AGE: MAJOR, OCCUPATION: HOUSEHOLD WORK, R/O. HONAGA VILLAGE, TAL: AND DIST: BELAGAVI. 13. SHRI MARUTI S/O. SANTU BALEKUNDRI, AGE: MAJOR, OCCUPATION: AGRICULTURE, R/O. HONAGA VILLAGE, TAL: AND DIST: BELAGAVI. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE (1) READ WITH SECTION 114 OF CPC PRAYING THAT THE JUDGMENT PASSED IN R.S.A. NO.100495/2015 DATED 28.02.2025 BY THIS - 4 - NC: 2025:KHC-D:4932 RP No. 100025 of 2025 HON’BLE COURT MAY KINDLY BE REVIEWED THIS ORDER BY ALLOWING THIS PETITION AND APPEAL MAY KINDLY BE ALLOWED BY GRANTING 1/5th SHARE TO THE PETITIONER IN THE SUIT PROPERTIES, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This Review Petition is filed by the appellants in RSA No.100495/2015, challenging the order dated 28.02.2025, dismissing the appeal filed by the appellants therein. 2. Sri. A.B. Nesargi, learned counsel for the petitioners submitted that the Judgment referred to by this Court in the case of KASABAI TUKARAM KARVAR AND OTHERS Vs. NIVRUTI (DEAD) THROUGH LEGAL HEIRS AND OTHERS reported in 2022 SCC OnLine SC 918 is not applicable to the facts of the case as the father of the appellants – Samani died during 1965, and accordingly the Judgment requires review by this Court. - 5 - NC: 2025:KHC-D:4932 RP No. 100025 of 2025 3. Having taken note of the submissions made by the learned counsel for the petitioners, I have carefully examined the Judgment of the Hon’ble Apex Court, particularly referring to para Nos.13 to 16 in the above case. It is also not in dispute that plaintiff and appellants were governed under Bombay school and were residing at Bombay prior to 1956. In that view of the matter, taking into consideration the factual aspects on record, I am of the view that the plaintiff is bound by Hindu Women’s Right to Property Act, 1937, and therefore, there is no error apparent on the face of the record. 4. Accordingly, the Review Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 1 Sl No.: 25