Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:32276 RP No. 503 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REVIEW PETITION NO.503 OF 2023 BETWEEN:
1. GANGAMMA SINCE DEADY LRS
1(a). C.M. GIRIJAMMA AGED ABOUT 64 YEARS, W/O. P. NAGARAJU DOOR NO. 20, 3RD MAIN ROAD, KALYANA NAGARA, NAGARABHAVI MAIN ROAD, BENGALURU - 560 072.
1(b). C.M. INDRAMMA AGED ABOUT 59 YEARS, W/O. ISHWARAPPA, GOVINAPURA, 3RD CROSS ROAD, TIPATURU, TUMAKURU DISTRICT - 572 201.
1(c). C.M. HEMAMALINI AGED ABOUT 54 YEARS, W/O. K.N. NAGARAJA, RAGHU NANDANA NILAYA, SHANKARAPURAM, HASSAN - 573 201.
1(d). C.M. SHANKARAIAH AGED ABOUT 58 YEARS, W/O. MAHADEVAPPA, CHIKKAPURA, MUTHAGADHA HALLI,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:32276 RP No. 503 of 2023
TURUVEKERE TALUK, TUMAKUR DISTRICT - 572 227.
1(e). C M SURESHA AGED ABOUT 53 YEARS, S/O MAHADEVAPPA, CHIKKAPURA MUTHAGADHA HALLI, TURUVEKERE TALUK, TUMAKUR DISTRICT-572227.
1(f).
C M GANGADHARA AGED ABOUT 50 YEARS S/O MAHADEVAPPA, CHIKAPURA, MUTHAGADHA HALLI, TURUVEKERE TALUK TUMAKUR DISTRICT-572227.
2. MAHADEVAPPA DEAD BY LRS ALREADY ON RECORD AS PETITIONER NO. 1(a) to 1(f). …PETITIONERS (BY SRI. R.P.SOMASHEKHAR.,ADVOCATE) AND:
1.
K. BASAVARAJA SINCE DEAY BY HIS LRS.
1(a). B. CHENNABASAPPA AGED ABOUT 60 YEARS, DOOR NO. 1886/1, WESLEY ROAD, MANDIMOHALLA THILAKNAGARA, MYSURU-560021.
- 3 -
HC-KAR NC: 2026:KHC:32276 RP No. 503 of 2023
1(b). PUTTATHAYAMMA SINCE DEED BY HER LRS ALREADY ON RECORD AS 1(a), 1(c) TO 1(e)
1(c). B. SARVAMANGALA D/O LATE K. BASAVARAJ, AGED ABOUT 63 YEARS, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.
1(d). B. LALITHAMMA AGED ABOUT 53 YEARS, D/O LATE K. BASAVARAJU, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.
1(e). B. MANJAMMA AGED ABOUT 50 YEARS, D/O LATE K. BASAVARAJU, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.
2.
K. GEORGE AGED ABOUT 73 YEARS, DOOR NO.1886/1, WESLEY ROAD,
- 4 -
HC-KAR NC: 2026:KHC:32276 RP No. 503 of 2023
MANDIMOHALLA, THILAKNAGARA MYSURU-560021.
3.
M. S. MARIDAS AGED ABOUT 70 YEARS, DOOR NO.1886/1, WESLEY ROAD, MANDIMOHALLA, THILAKNAGARA, MYSURU-560021.
…RESPONDENTS
(BY SRI. ANIL KUMAR S., ADVOCATE FOR R1(a) , R1(c);
V/O DATED 25.03.2026 NOTICE TO R2 AND R3 IS DISPENSED WITH;
R1(b) IS DEAD AND LRS ARE ALREADY ON RECORD AS R1(a, c, e) )
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 R/W SECTION 151 OF CPC, PRAYING TO REVIEW THE
JUDGMENT AND DECREE DATED 13/08/2021 MADE IN RSA NO.950/2010 AND TO ALLOW THE REVIEW PETITION ACCORDINGLY, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 5 -
HC-KAR NC: 2026:KHC:32276 RP No. 503 of 2023
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER
1. In this Review Petition, petitioners are seeking review of the
Judgment and Decree dated 13.08.2021 in R.S.A.No.950/2010, on the file of this Court.
2.
Learned counsel appearing for the petitioners submitted that a registered Partition Deed dated 25.08.1949 was entered into between the family members and a share was allotted in favour of Gurubasavaiah and during his life time, Gurubasavaiah has executed a Will dated 16.01.1960 and the said aspect has not been considered by this Court and accordingly, sought for review of the impugned Judgment.
3. Having heard the learned counsel for the petitioners and
learned counsel for the respondents, on careful consideration of the Judgment under review, would indicate that the plaintiff has not produced any material before the Courts below so as to prove right over the property in question. When such being the case, since the plaintiff has not produced any record before the Trial Court to establish right over the property in question, and
- 6 -
HC-KAR NC: 2026:KHC:32276 RP No. 503 of 2023
as such, I am of the view that, the reason assigned by this Court at paragraph No.18 of the Judgment under review, is just and proper which does not call for interference of this Court. Therefore, I do not find any error apparent on the face of the
Judgment.
4. Accordingly, the Review Petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 7