- 1 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO. 100116 OF 2019 (-) BETWEEN: 1. SMT. SHAILA W/O. KALMESHWAR KAMBLE, BEFORE MARRIAGE, MISS SHAILA D/O. VASANT MAHAR @ KOLKAR, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.656, KUMARSWAMY LAYOUT, BOUXITE ROAD, BELAGAVI-590010. 2. SHRI BHUPAL @ GAJANAN S/O. VASANT MAHAR @ KOLKAR, AGE: 37 YEARS, OCC: SERVICE, R/O. AMBEDKAR GALLI, AT & POST: MACCHE VILLAGE, TAL & DIST: BELAGAVI-590014. 3. SMT. SHEELA W/O. RAMESH TALWAR, BEFORE MARRIAGE, MISS SHEELA D/O. VASANT MAHAR @ KOLKAR, AGE: 28 YEARS, OCC: HOUSEHOLD WORK, R/O. AMBEDKAR GALLI, AT & POST: MACCHE VILLAGE, TAL & DIST: BELAGAVI-590014. 4. SHRI APPAYYA S/O. VASANT MAHAR @ KOLKAR, AGE: 25 YEARS, OCC: PVT. SERVICE, R/O. AMBEDKAR GALLI, AT & POST: MACCHE VILLAGE, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 TAL & DIST: BELAGAVI-590014. 5. SMT. PARVATI W/O. VASANT MAHAR @ KOLKAR, AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. AMBEDKAR GALLI, AT & POST: MACCHE VILLAGE, TAL & DIST: BELAGAVI-590014. 6. SMT. YALLAVVA W/O. KALU KAMBLE, BEFORE MARRIAGE, MISS YALLALVVA D/O. YALLAPPA MAHAR @ KOLKAR, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. AT: HANGARAGE, POST : MANDOLI, BELAGAVI-590008. 7. SHRI SANJAY S/O. GOPAL MAHAR @ KOLKAR, AGE: 44 YEARS, OCC: SERVICE, R/O. H. NO. 4116/2/1A, KANGRAL GALLI, BELAGAVI-590001. 8. SMT. RUKAMAVVA W/O. GOPAL MAHAR @ KOLKAR, AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. H. NO. 4116/2/1A, KANGRAL GALLI, BELAGAVI-590001. 9. SHRI PARASHRAM S/O. ISHWAR MAHAR @ KOLKAR, AGE: 40 YEARS, OCC: GOVT. SERVICE, R/O. H. NO.630, AMBEDKAR GALLI, MACCHE VILLAGE, BELAGAVI-590014. 10. SHRI PARASHRAM S/O. MALLAPPA RANRALAKE, AGE: 43 YEARS, OCC: PVT. SERVICE, R/O. AMBEDKAR GALLI, ANGOL, - 3 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 BELAGAVI-590006. 11. SMT. SHAMATAI W/O. TAYAPPA @ BALKRISHNA MAHAR @ KOLKAR, AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.1403, CTS NO. 6092/A, SECTOR NO.7, VANTMURI COLONY, BELAGAVI-590016. 12. SMT. HEMA W/O. SITARAM MAJALATTI, BEFORE MARRIAGE, MISS HEMA D/O. TAYAPPA MAHAR @ KOLKAR, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. GASTI PLOT, HALIYAL ROAD, TAL: ATHANI, DIST: BELAGAVI-591304. 13. SMT. CHAITRA W/O. VIRUPAKSHI METRI, BEFORE MARRIAGE, MISS CHAITRA D/O. TAYAPPA MAHAR @ KOLKAR, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.1403, CTC NO.6092/A, SECTOR NO.7, VANTMURI COLONY, TAL & DIST: BELAGAVI-590016. 14. SMT. KEERATI W/O. MAHESH SHAHA, BEFORE MARRIAGE, MISS KEERATI D/O. TAYAPPA MAHAR @ KOLKAR, AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.48, ASHIRWAD BUILDING, RAMTIRTH NAGAR, KANBARGI ROAD, BELAGAVI-590015. …PETITIONERS (BY SRI. RAMESH N. MISALE, ADVOCATE) - 4 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 AND: 1. SRI. SAHADEV S/O. SHAMAPPA KOLKAR, AGE: 55 YEARS, OCC: GOVT. SERVICE & AGRICULTURE, R/O. BHARAT NAGAR, MACCHE VILLAGE, TAL & DIST: BELAGAVI-590014. 2. SRI. BALAPPA S/O. PARASAPPA KOLKAR, AGE: 66 YEARS, OCC: SERVICE, R/O. AMBEDKAR GALLI, MACCHE VILLAGE, TAL & DIST: BELAGAVI-590014. 3. SRI. PARIS S/O. RUKAMANNA KOLKAR, AGE: 58 YEARS, OCC: SERVICE, R/O. AMBEDKAR GALLI, MACCHE VILLAGE, TAL & DIST: BELAGAVI-590014. 4. SRI. SHIVAJI S/O. NAGENDRA ATIWADKAR, AGE: 58 YEARS, OCC: LAND BUSINESS, R/O.: PLOT NO.59/10 PIPE LINE ROAD, VIJAY NAGAR, ELAGAVI-591108. 5. SRI. ASHOK S/O. MARUTI TARALE AGE: 58 YEARS, OCC: LAND BUSINESS, R/O.: II MAIN, 7TH CROSS, SADASHIV NAGAR, BELAGAVI-590001. 6. SRI. SHAFILAHMED S/O. RAJAHMED MARKAR R/O: FLAT NO.502 & 503, PUSHPA APARTMENTS, 415, HILL ROAD, NEW MEHBOOB STUDIO, BANDRA, MUMBAI BY HIS GPA HOLDER, - 5 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 MOHAMMEDUSAM ABDUL HAMID BEPARI, R/O:H.NO.21, ANTHONY STREET CAMP, BELAGAVI-590001. 7. SMT. SAROJA W/O. PARASHRAM KAMBLE, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: SHREENAGAR, BELAGAVI-590016. 8. SMT. VIMAL W/O. ARUN DEMATTI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR, BELAGAVI-591111. 9. SMT. GEETA W/O. UMESH BASANAYAK, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: HOSUR BASAVAN GALLI, BELAGAVI-590009. 10. SRI. SHASHIKANT S/O. KALLAPPA KOLKAR, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: BHARAT NAGAR, MACCHE VILLAGE, BELAGAVI-590014. 11. SRI. VIJAY S/O. KALLAPPA KOLKAR, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: BHARAT NAGAR, MACCHE VILLAGE, BELAGAVI-590014. 11(a) SMT. GAURAVVA W/O. VIJAY KOLAKAR, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: BHARAT NAGAR, MACCHE VILLAGE, BELAGAVI-590014. 11(b) TILAK S/O. VIJAY KOLKAR, AGE: 14 YEARS, SINCE MINOR REP. BY MINOR GUARDIAN MOTHER AND NEXT FRIEND, - 6 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 SMT. GAURAVVA W/O. VIJAY KOLAKAR, R/O: BHARAT NAGAR, MACCHE VILLAGE, BELAGAVI-590014. SMT. DRAUPADA W/O. SHIVRUDRA KOLKAR, SINCE DECEASED REPRESENTED BY HER LRS 12. SMT. BABY W/O. MANOHAR KAMBLE AGE: 42 YEARS, OCC: HOUSE WIFE, R/O: BHARAT NAGAR, MACCHE VILLAGE, BELAGAVI-590014. 13. SMT. AKKATAI W/O. MANOHAR KAMBLE, AGE: 50 YEARS, OCC: H/W, R/O: GURUPRASAD COLONY, BELAGAVI-590008. 14. SRI. TIPPANNA S/O. CHANDRAPPA KOLKAR, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: BHARAT NAGAR, MACCHE VILLAGE, BELAGAVI-590014. 14(a) SMT. GAURAVVA W/O. TIPPANNA KOLAKAR @ MAHAR, AGE: 60 YEARS, OCC: HOUSEHOLD, R/O: BHARAT NAGAR, MACCHE VILLAGE, TQ & DIST: BELAGAVI-590014. 14(b) SHRI CHANDRAPPA S/O. TIPPANNA KOLAKAR @ MAHAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: BHARAT NAGAR, MACCHE VILLAGE, TQ & DIST: BELAGAVI-590014. 14(c) SHRI DHARMU S/O. TIPPANNA KOLAKAR @ MAHAR, - 7 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 AGE: 37 YEARS, OCC: AGRICULTURE, R/O: BHARAT NAGAR, MACCHE VILLAGE, TQ & DIST: BELAGAVI-590014. 14(d) SHRI BHARMESH S/O. TIPPANNA KOLAKAR @ MAHAR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: BHARAT NAGAR, MACCHE VILLAGE, TQ & DIST: BELAGAVI-590014. …RESPONDENTS (BY SRI. RAMESH I. ZIRALI, ADVOCATE FOR R2, R3, R6-R10 & R11(A & B); SRI. ANIL KALE, ADVOCATE FOR R4 & R5; SRI. LINGARAJ MARADI & SRI. G.L. HULLER, ADVOCATES FOR R12 & R13; SRI. A.D. SHILLEDAR & SRI. SANTOSH B. RAWOOT, ADVOCATES FOR R14(A-D); R11-DECEASED; R1-HELD SUFFICIENT) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO ALLOW THE REVIEW AND SET ASIDE THE JUDGMENT AND DECREE PASSED IN RSA NO.100324/2017, DATED 20.12.2018; GRANT LEAVE TO THE REVIEW PETITIONERS TO COME ON RECORD AS PARTY TO THE PROCEEDINGS AND TO PROSECUTE THE APPEAL, RSA NO.100324/2017, TO ITS LOGICAL CONCLUSION AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 8 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 ORAL ORDER Heard the learned counsel appearing for the parties on IA No.1/2019. 2. This review petition is filed seeking review of the judgment and decree dated 20.12.2018 in RSA No.100324/2017 by this Court. 3. Since, there is a delay of 285 days in filing the review petition, IA No.1/2019 is filed seeking condonation of delay in filing the review petition and also IA No.2/2020 is filed seeking leave to file review petition. 4. Sri. Ramesh N. Misale, learned counsel appearing for the review petitioners submitted with referring to the compromise petition particularly referring to Clause-XI and submitted that, the review petitioners herein are being aggrieved by the settlement between the parties in the second appeal and further, the review petitioners were not the parties in the second appeal and accordingly, sought for allowing IA No.2/2020. - 9 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 5. Insofar as I.A.No.1/2019 is concerned, Sri. Ramesh N. Misale, learned counsel appearing for the review petitioners submitted that the review petitioners are unaware about the compromise petition between the parties in RSA No.100324/2017 and the review petitioners herein having legitimate share in the suit properties mentioned in the compromise decree, which is the subject matter in RSA No.100324/2017 and accordingly, sought for condone the delay of 285 days in filing the review petition. 6. Per contra Sri. Ramesh I. Zirali, learned counsel appearing for the contesting respondents submitted that, the review petitioners herein have filed OS No.72/2019 before the Principal Senior Civil Judge and CJM, Belagavi, seeking partition and separate possession in respect of schedule properties therein and the properties in respect of RSA No.100324/2017 are also suit schedule properties in OS No.72/2019. - 10 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 6.1. It is also submitted by the learned counsel appearing for the respondents that, since, the review petitioners herein have filed separate suit seeking partition and separate possession and were aware about the proceedings in second appeal and therefore, sought for dismissal of IA Nos.1/2019 and 2/2020. 7. Sri. Anil Kale, learned counsel appearing for the respondent Nos.4 and 5 submitted with reference to the averments made in the statement of objection filed to the review petition and contended that, rights of the parties is crystallized in OS No.99/1997 and same has reached finality and therefore, the present review petition is not maintainable. He further argued that, the reasons assigned by the petitioners herein seeking permission to leave in IA No.2/2020 and IA No.1/2019 are require to be dismissed as no sufficient cause has been shown. 8. In the light of the submissions made by the learned counsel appearing for the parties, I have carefully examined the finding recorded by this Court in the - 11 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 judgment and decree dated 20.12.2018 in RSA No.100324/2017 as well as the suit filed by the review petitioners in OS No.72/2019, wherein, the certified copy of the same made available by the learned counsel appearing for the respondent Nos.2 and 3. 9. With these background of factual aspects, I am of the view that, as the review petitioners have filed separate suit in OS No.72/2019 and also it is not in dispute that, the subject matter in the said suit is also covers the filled in judgment and decree passed by this Court in RSA No.100324/2017, I am of the view that, the review petitioners herein have filed separate suit and therefore, the reasons assigned by the review petitioners in IA Nos.1/2019 and 2/2020 cannot not be accepted as the review petitioners were not aware about the conclusion of proceedings before this Court and were diligent. 10. Therefore, applications in I.A.Nos.1/2019 and 2/2020 are dismissed, consequently, the review petition is - 12 - NC: 2025:KHC-D:5388 RP No. 100116 of 2019 dismissed on the ground of delay and laches as the sufficient cause has not been shown as required under Section 5 of the Limitation Act. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 24