- 1 - HC-KAR NC: 2025:KHC-D:17477-DB RP No. 100048 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI REVIEW PETITION NO.100048 OF 2025 BETWEEN: 1. SMT. SHANTABAI W/O. NARAYAN SOMANACHE, SINCE DECEASED BY HIS LR’S. 1. ANAND S/O. NARAYAN SOMANACHE, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. H.NO.155, JERI GALLI, ANGOL, BELAGAVI-590007. TQ. AND DIST. BELAGAVI. 2. FAKIRA S/O. NARAYAN SOMANACHE, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. H.NO. 212, JERI GALLI, ANGOL, BELAGAVI-590007. TQ. AND DIST. BELAGAVI. 3. MONAPPA S/O. NARAYAN SOMANCHE AGED 63 YEARS, OCC: AGRICULTURE, R/O. H.NO. 161, JERI GALLI, ANGOL, BELAGAVI-590007. TQ. AND DIST. BELAGAVI. 4. REVANI S/O. NARAYAN SOMANACHE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. H.NO. 161, JERI GALLI, ANGOL, BELAGAVI-590007. TQ. AND DIST. BELAGAVI. 5. PRABHAKAR S/O. NARAYAN SOMANACHE, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. H.NO.161, JERI GALLI, ANGOL, BELAGAVI-590007. TQ. AND DIST. BELAGAVI. NARAYAN S/O. HANAMANT SOMANACHE, SINCE DECEASED BY HIS LRS. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:17477-DB RP No. 100048 of 2025 6. SMT. LAXMI W/O. NINGANI HANAMANTACHE, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. LAXMI GALLI, HALAGA, BELAGAVI-590002, TQ. AND DIST. BELAGAVI. 7. SMT. INDU W/O. JOTIBA MANGALE, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. NEAR 1ST GATE, TILAKWADI, BELAGAVI-590003, TQ. AND DIST. BELAGAVI. 8. SMT. TULASA W/O. VASANT HUDDAR, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. GAURI BUILDING, SAI DHABA, JALAGAON FATHA, SATARA-415001, DIST. SATARA, STATE: MAHARASHTRA. …PETITIONERS (BY SRI SHIVAPRASAD SATYENDRA PATIL, ADV. FOR SRI PRUTHVI K. S., ADVOCATE) AND: 1. SHRI PADMARAJ S/O. TAVANAPPA PATIL, AGE: 41 YEARS, OCC: BUSINESS, R/O. H.NO.380, TANAJI GALLI, ANGOL, BELAGAVI-590007, TQ. AND DIST. BELAGAVI. 2. SHRI RAVI S/O. TAVANAPPA PATIL, AGE: 53 YEARS, OCC: BUSINESS, R/O. H.NO.380, TANAJI GALLI, ANGOL, BELAGAVI-590007, TQ. AND DIST. BELAGAVI. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADV. FOR R1 AND R2) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 OF CPC, PRAYING TO ALLOW THE PRESENT REVIEW PETITION AND REVIEW AND RECALL THE JUDGMENT AND ORDER DATED 08.11.2024 PASSED BY THIS HON’BLE COURT IN RFA NO.100095/2019 AND CONFIRM THE JUDGMENT AND DECREE DATED 03.01.2019 PASSED BY THE HON’BLE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BELAGAVI IN O.S.NO.196/2012, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17477-DB RP No. 100048 of 2025 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) 1. This review petition is filed under Order-XLVII Rule 1 of the CPC at the hands of the plaintiffs along with defendants No.2 to 4 to recall the Judgment dated 08.11.2024 passed in RFA No.100095/2019 (PAR/POS). 2. For the sake of convenience, the parties shall be referred to in terms of the ranking before the trial Court. 3. Learned counsel for plaintiffs submits that during pendency of the appeal, it appears that the learned counsel on record for plaintiffs No.3 and 4 (respondents No.2 and 3) filed a memo for retirement on 10.10.2023 on the ground that the learned counsel on record was elevated as a Judge of this Court, therefore a notice was sent to respondents No.2 and 3 to make alternative arrangements. Learned counsel submits that the order sheet would reveal that this Court simply accepted the retirement memo and no Court notice was issued to respondents - 4 - HC-KAR NC: 2025:KHC-D:17477-DB RP No. 100048 of 2025 No.2 and 3. Therefore, they were not aware of the fact that the learned counsel retired from the matter. 4. Learned counsel for appellants in RFA No.100095/2019 submits that the appeal was filed at the hands of defendants No.5 and 6, who were purchasers of portion of land out of 1 acre 31 gunta. They were aggrieved of the fact that the trial Court did not consider the issue raised by defendant No.1 that the entire extent of land was self acquired property of his father and therefore he was free to deal with the land in question as they were not ancestral properties of his father. 5. Having heard the learned counsel for review petitioners and the learned counsel for respondent/defendants No.5 and 6, we are of the considered opinion that the review petitioners have made out a valid ground while stating that the memo of retirement filed by the learned counsel on record was accepted without issuing Court notice to respondents No.2 and 3, who were contesting the matter. This Court need not go into the merits of the matter, having regard to the narrow compass in which the preset review petition lies. However, we should notice the fact that the appellants in RFA No.100095/2019, who are - 5 - HC-KAR NC: 2025:KHC-D:17477-DB RP No. 100048 of 2025 respondents herein have filed statement of objections and along with the said statement of objections they have furnished a copy of registered Agreement of Sale dated 25.10.2024 said to have been executed by the plaintiffs along with defendants No.2 to 4 agreeing to sell land to the extent of 21 guntas, which was standing in the name of respondents herein by virtue of the registered Sale Deed dated 02.04.2012. We do not approve of the conduct of the review petitioners in trying to deal with the property which has been disposed of in the year 2012 in favour of defendants No.5 and 6/respondents herein during pendency of the appeal and having regard to the fact that only preliminary decree has been passed by the trial court. 6 In that view of the matter, we proceed to allow the review petition and recall the Judgment dated 08.11.2024, to enable the parties to contest the matter and have the adjudication on merits of the matter. 7. We further direct the parties to maintain status quo in respect of the properties in question, more particularly 21 guntas of land which has been sold to respondents herein/defendants - 6 - HC-KAR NC: 2025:KHC-D:17477-DB RP No. 100048 of 2025 No.5 and 6 at the hand of defendant No.1 in the year 2012, till the disposal of the appeal. 8. The RFA No.100095/2019 is restored to its original file. Ordered accordingly, Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE CKK /CT-AN List No.: 1 Sl No.: 14