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2025 DAILYLAW 63445 (KAR)

SMT. SHAIKEN BEE v. SMT GOUSIYA BEGUM

RP/200002/2025 · 2025-08-14

Sachin Shankar Magadum

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:4698 RP No. 200002 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REVIEW PETITION NO. 200002 OF 2025 BETWEEN: 1. SMT. SHAIKEN BEE W/O SHAKSHU MIYA AGE 70 YEARS, OCC: HOUSEWIFE R/O C/O I.G. BEKARY, ASHOK DEPOT ROAD, RAICHUR - 584 101. 2. SHAIK MOINUDDIN S/O LATE SHAMSHUDDIN AGE 66 YEARS, OCC: RMP DOCTOR R/O BABA PHOTO STUDIO, LABOUR COLONY, DEVASUGUR TQ: DIST: RAICHUR - 584 101. 3. SMT. SHARIFFA BEE W/O MOHD. IBRAHIM, AGE 65 YEARS, OCC: HOUSEWIFE R/O BEHIND FAROOQ ANWAR COMPANY, NAWAB GADDA, RAICHUR - 584 101. 4. MANSOOR AHMED S/O SHAMSHUDDIN AGE 61 YEARS, OCC: BUSINESS R/O TANVEER MEDICAL STORE, BEHIND PANTA COSTAL CHURCH NEAR AMBEDKAR BHAVANA YERAGERA RAICHUR - 584 101. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:4698 RP No. 200002 of 2025 5. SMT. SHAMSHAD BEGUM W/O MOHD ISMAIL, AGE 51 YEARS, OCC: HOUSEWIFE R/O C/O I.G BEKARY, ASHOK DEPOT ROAD, RAICHUR - 584 101. …PETITIONERS (BY SRI. SHIVAKUMAR KALLOOR, ADVOCATE) AND: 1. SMT. GOUSIYA BEGUM W/O LATE MOHAMMED GOUSE MOINUDDIN AGE 68 YEARS, OCC: AGRICULTURE AND HOUSEHOLD R/O H.NO 2-2-100, ANDROON QUILLA, TIPPU SULTAN ROAD, RAICHUR - 584 101. 2. SMT. ZAREEN BEGUM W/O ALI BAHADUR AGE 45 YEARS, OCC HOUSEWIFE R/O GANDADHAL VILLAGE TQ DIST RAICHUR - 584 103. 3. KUM. MUMTAZ BEGUM D/O LATE MOHAMMED GOUSE MOINUDDIN AGE 42 YEARS, OCC STUDENT R/O H.NO 2-2-100, ANDOOR QUILLA TIPPU SULTAN ROAD, RAICHUR - 584 101. 4. MOHAMMEDSALIM S/O LATE MOHAMMED GOUSE MOINUDDIN AGE 39 YEARS, OCC KSRTC EMPLOYEE R/O H.NO 2-2-100, ANDOOR QUILLA TIPPU SULTAN ROAD, RAICHUR - 584 101. 5. KUM. RAFIA BEGUM D/O LATE MOHAMMED GOUSE MOINUDDIN AGE 39 YEARS, OCC STUDENT R/O H.NO 2-2-100, ANDOOR QUILLA - 3 - HC-KAR NC: 2025:KHC-K:4698 RP No. 200002 of 2025 TIPPU SULTAN ROAD, RAICHUR - 584 101. 6. ZAHIR ABBAS S/O LATE MOHAMMED GOUSE MOINUDDIN AGE 37 YEARS, OCC STUDENT R/O H.NO 2-2-100, ANDOOR QUILLA TIPPU SULTAN ROAD, RAICHUR - 584 101. 7. ABDUL REHAMAN S/O LATE SHAMSHUDDIN, AGE 69 YEARS, OCC: CONTROLLER IN KSRTC R/O LBS NAGAR, RAICHUR - 584 101. 8. CHAND PASHA S/O LATE SHAMSHUDDIN AGE 64 YEARS, OCC: RETIRED GOVT. SERVICE, R/O MARKET YARD POLICE STATION, RAICHUR - 584 101. …RESPONDENTS (BY SRI. DHRUVA P. AMBEKAR, ADVOCATE FOR R1 TO R6; R8 SERVED AND UNREPRESENTED) THIS RP IS FILED U/O. 47 RULE 1 AND 2 OF THE CPC R/W SEC. 114 OF CPC, PRAYING TO ALLOW THE ABOVE REVIEW PETITION AND REVIEW THE JUDGMENT AND DECREE IN RSA NO. 200309/2016 DATED 28.3.2023 AND RECALL AND REVIEW THE ORDER AND RE HEAR THE MATTER, IN ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 4 - HC-KAR NC: 2025:KHC-K:4698 RP No. 200002 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) This review petition is filed seeking review of the judgment rendered by this Court vide judgment and decree dated 28.03.2023 passed in RSA 200309/2016. 2. The records disclose that the judgment in question was carried in appeal before the Hon’ble Apex Court. The Hon’ble Supreme Court, by order dated 04.10.2024, dismissed Special Leave Petition (Civil) No.38732/2024 on the ground of inordinate delay of 426 days. Subsequent to the dismissal of the SLP, the present review petitioners have once again attempted, albeit feebly, to reopen the matter by filing the present review petition. 3. On a careful examination of the grounds urged in the review petition, this Court is more than satisfied that, under the guise of review, the petitioners are merely - 5 - HC-KAR NC: 2025:KHC-K:4698 RP No. 200002 of 2025 seeking to re-agitate the very same contentions which were earlier urged and already negatived by this Court. 4. It is a settled principle consistently reiterated by this Court that unless the review petition discloses an error apparent on the face of the record, no indulgence can be shown under Order XLVII of the Code of Civil Procedure. A review is not an appeal in disguise, and the power of review cannot be exercised to rehear and re-decide issues already adjudicated. 5. In that view of the matter, this Court finds no merit in the present review petition. The petition is accordingly dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE YN List No.: 19 Sl No.: 1 CT: BHK