1 JOSEPH MARTIN DSOUZA v. SHANKAR NARAYAN BHATRAHITLU
RP/100096/2025 · 2025-09-26
Suraj Govindaraj
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 53459 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53459 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13488 RP No. 100096 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 100096 OF 2025 BETWEEN:
JOSEPH MARTIN DSOUZA AGE: 63 YEARS, OCC. AGRICULTURE, R/O. CHURCH ROAD, CHANDRAHITLU, MAVALLI -2 VILLAGE, MURUDESHWARA, TQ. BHATKAL, DIST. UTTARA KANNADA-581350. …PETITIONER (BY SRI. VENKATESH M KHARVI, ADVOCATE)
AND:
1. SHANKAR NARAYAN BHATRAHITLU AGE: 35 YEARS, OCC. AGRICULTURE, R/O. NEAR ISHA RESIDENCY, GARADIGADDE CROSS, MAVALLI -2, VILLAGE MURDESHWAR, TQ. BHATKAL, DIST. UTTARA KANNADA-581350. 2. UMESH GANAPATI KEREKATTE AGE: 48 YEARS, OCC. AGRICULTURE, R/O. KEREKATTE, MAVALLI P-2 VILLAGE, MURUDESHWAR, TQ. BHATKAL, DIST. UTTARA KANNADA-581350. 3. ASHOK S/O MANJUNATH POOJARI, AGE: 35 YEARS, OCC. AGRICULTURE, R/O. KANNADASHALE, MAVALLI -2 VILLAGE, MURDESHWAR, TQ. BHATKAL, DIST. UTTARA KANNADA-581350. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13488 RP No. 100096 of 2025
4. GOPAL S/O. MANJAPPA NAIK, AGE: 43 YEARS, OCC. AGRICULTURE, R/O. DODDABALSE, BAILOOR VILLAGE, TQ. BHATKAL, DIST. UTTARA KANNADA-581 320. …RESPONDENTS
REVIEW PETITION FILED UNDER ORDER 47 RULE (1) READ WITH 114 OF CPC, PRAYING TO ALLOW THE REVIEW PETITION BY REVIEWING AND RESTORE THE SAME WITH ORIGINAL IMPUGNED ORDER DATED 29.08.2025 IN WP NO.105551/2025, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs:
“To allow the review petition by reviewing and restore the same with original impugned order dated 29.08.2025 in WP No.105551/2025, in the interest of justice.”
2. By way of the above Review Petition, the petitioner seeks for review of the order dated 29.08.2024. 3. The submission of learned counsel for the petitioner is that, the reference to Survey No.76A1 Hissa 6 was already covered and a para 7 of the plaint, and it is
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HC-KAR NC: 2025:KHC-D:13488 RP No. 100096 of 2025
not a new introduction. What is sought to be done is only introduction on account of introducing the said survey number by way of amendment, only on account of the said survey number being left out by inadvertence. 4. The same is borne out by Para 7 of the petition.
The counsel for the petitioner submitted that, it is by inadvertence that he had mentioned during the course of argument that a new survey number is proposed to be introduced by way of amendment. 5. In that view of the matter, Review Petition is allowed. The order dated 29.08.2025 passed in Writ Petition No.105551/2025, is recalled. The said writ petition is restored to file. 6. Re-list the writ petition on 10.10.2025. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 2