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2025 DAILYLAW 9269 (KAR)

REVANSIDDAYYA AND ANR v. PRAKASH AND ORS

CRP/200024/2022 · 2025-07-09

Ravi V Hosmani

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3742 CRP No. 200024 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CIVIL REVISION PETITION NO. 200024 OF 2022 (RES) BETWEEN: 1. SRI. REVANSIDDAYYA S/O RACHAYYA GORTI, AGE: 60 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: FILTER BED ROAD, NEHRU GUNJ, KALABURAGI – 585 101. 2. SMT. SULOCHANA W/O REVANSIDAYYA, AGE: 55 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: FILTER BED ROAD, NEHRU GUNJ, KALABURAGI – 585 101. …PETITIONERS (BY SRI SANTOSH KUMAR B.BIRADAR, ADVOCATE) AND: 1. PRAKASH S/O HANMANTH RAO DESHPANDE, AGE: 65 YEARS, OCC: BANK EMPLOYEE, R/O: H.NO.11, SBH COLONY, JEWARGI ROAD, KALABURAGI – 585 102. 2. MOHD. AYYUB S/O ABDUL GAFOOR, AGE: 59 YEARS, OCC: BUSINESS, R/O: H.NO.6-249, KHARI BOWLI, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3742 CRP No. 200024 of 2022 MOMINPURA, KALABURAGI – 585 102. 3. ABDUL RAZAK S/O MOHD FAKIR AHMED, AGE: 52 YEARS, OCC: BUSINESS, R/O: H.NO.7666, GOLA CHOWK, NEHRU GUNJ, KALABURAGI – 585 101. …RESPONDENTS (BY SRI VINAYAK APTE, ADVOCATE R1 TO R3) THIS CRP IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 17.11.2021 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KALABURAGI IN R.P.NO.5/2021 IN DISMISSING THE REVIEW PETITION AND KINDLY ALLOW THE CIVIL REVIEW PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRP IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 17.11.2021 passed by III Additional District and Sessions Judge, Kalaburagi, in R.P.No.05/2021, this revision petition is filed. 2. Sri Vinayak Apte, learned counsel for respondents opposes maintainability of revision petition by relying on decision of Hon’ble Supreme Court in Rahimal Bathu & Ors. v. Ashiyal Beevi reported in 2023INSC861. - 3 - HC-KAR NC: 2025:KHC-K:3742 CRP No. 200024 of 2022 3. Sri Santosh Kumar B.Biradar, learned counsel for petitioners referring to observations made in paragraphs no.28 and 29, submits that revision petition may be dismissed with liberty to file regular second appeal. 4. Placing his submission on record, this revision petition is dismissed as not maintainable with liberty as sought for. Benefit of Section 14 of the Limitation Act, 1963, would be available. Registry to return certified copies by replacing same with photocopies. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 37