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2026 DAILYLAW 41741 (KAR)

SRI. M K NAGESH v. SRI RAMESH REDDY R

RP/103/2026 · 2026-09-18

Jyoti M

Review Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M REVIEW PETITION NO. 103 OF 2026 BETWEEN: 1. SRI. M.K.NAGESH, S/O LATE KRISHNA REDDY, GRANDSON OF MUNIRAMAIAHREDDY, AGED ABOUT 49 YEARS, R/AT SUPERINTENDENT DINNE, GOTTIGERE POST, BANNERGHATTA ROAD, BENGALURU- 560083 2. SRI K ARUNA D/O LATE KRISHNA REDDY, GRANDDAUGHTER OF MUNIRAMAIAH REDDY, AGED ABOUT 51 YEARS OLD, R/AT SUPERINTENDENT DINNE, GOTTIGERE POST, BANNERGHATTA ROAD, BENGALURU- 560083 …PETITIONERS (BY SRI. PRATIK PANY, ADVOCATE FOR SRI. ABHILASH RAJU., ADVOCATE) AND: 1. SRI RAMESH REDDY R S/O LATE RAMASWAMY REDDY, AGED ABOUT 50 YEARS OLD., R/AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU-560083. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 2. SRI BALA REDDY R S/O LATE RAMASWAMY REDDY, AGED ABOUT 46 YEARS OLD., R/AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU-560083 3. SRI V BHOOMI REDDY S/O LATE VENKATASWAMY REDDY, AGED ABOUT 53 YEARS, R/AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU-560083 4. SRI V GAJENDRA @ RAMAREDDY S/O LATE VENKATASWAMY REDDY, AGED ABOUT 48 YEARS OLD., R/AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU-560083 5. SMT. BHARATHI S D/O LATE SAMPANGIRAMAREDDY, AGED ABOUT 41 YEARS, R/AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU-560083 6. SRI KESHAVA REDDY S S/O LATE SAMPANGIRAMAREDDY, AGED ABOUT 39 YEARS, R/AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU-560083 - 3 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 7. SRI N NAGARAJ REDDY S/O LATE NARAYANAREDDY, AGED ABOUT 67 YEARS, R/AT NO. 1418, 16TH CROSS, IST STAGE, KUMARA SWAMY LAYOUT, BENGALURU-560078 8. SRI N MANJUNATHA REDDY S/O LATE NARAYANAREDDY, AGED ABOUT 65 YEARS, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU-560 083 9. SRI N SOMANATH REDDY S/O LATE NARAYANAREDDY, AGED ABOUT 61 YEARS, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU 560 083 10. SRI N ANANDA REDDY S/O LATE NARAYANAREDDY, AGED ABOUT 53 YEARS, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU 560 083. 11. SRI N RAGHURAMA REDDY S/O LATE NARAYANAREDDY, AGED ABOUT 46 YEARS, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU 560 083 - 4 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 12. SRI N JAYARAMA REDDY S/O LATE NARASIMHA REDDY , AGED ABOUT 65 YEARS, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU- 560 083 13. SRI N LOKESH REDDY S/O LATE NARASIMHA REDDY , AGED ABOUT 60 YEARS OLD, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU- 560 083 14. SMT RATHNAMMA W/O LATE B SREENIVA REDDY AGED ABOUT 63 YEARS, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU 560 083 15. SRI KESHAVA REDDY S S/O LATE B SREENIVA REDDY GRANDSON OF LATE BYYA REDDY , AGED ABOUT 43 YEARS, RESIDING AT SUPERINTENDENT DINNE, HOMMADEVANAHALLI DAKALE, BANNERGHATTA ROAD, BENGALURU 560 083. 16. SRI A RAMA REDDY S/O LATE ABBAIAH REDDY , AGED ABOUT 80 YEARS, R/AT DODDATHOGURU VILLAGE, ELECTRONICITY POST, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU 560 100 - 5 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 17. SRI A GOPAL REDDY SON OF LATE ABBAIAH REDDY, AGED ABOUT 78 YEARS, R/AT NO. 240, NEAR PRAKASH BEKARY, T M ABBAIAHA REDDY LAYOUT, DODDATHOGURU, BENGALURU SOUTH, BENGALURU 560 100 18. SMT SUSHEELAMMA WIFE OF LATE A RAMAKRISHNA REDDY AGED ABOUT 58 YEARS NO.207, T M ABBAIAHA REDDY LAYOUT DODDATHOGURU BENGALURU SOUTH BENGALURU-560100 19. SMT SUDHA D/O LATE A RAMAKRISHNA REDDY AGED ABOUT 40 YEARS NO.207, T M ABBAIAHA REDDY LAYOUT DODDATHOGURU BENGALURU SOUTH BENGALURU-560100 20. SMT SUMA D/O LATE A RAMAKRISHNA REDDY AGED ABOUT 38 YEARS OLD NO.207, T M ABBAIAHA REDDY LAYOUT, DODDATHOGURU BENGALURU SOUTH BENGALURU-560100 21. SRI A MUNIRAJA REDDY S/O LATE ABABIAH REDDY AGED ABOUT 69 YEARS NO.210, CELEBRITY ROAD, PARADISE ROAD, VELANKANI TECH PARK DODDATHOGURU BENGALURU SOUTH ELECTRONICITY BENGALURU-560100 22. SMT A LALITHAMMA D/O LATE ABBAIAH REDDY - 6 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 WIFE OF M N REDDY AGED ABOUT 67 YEARS 23. SRI V M MUNINANJANREDDY @ M N REDDY S/O SRI MUNISHAMAPPA AGED ABOUT 85 YEARS 24. SRI M MANJUNATHA S/O SRI V M MUNINANJAREDDY @ M N REDDY AGED ABOUT 51 YEARS 25. SRI. M. SATISH KUMAR S/O SRI.V M MUNINANJAREDDY @M.N.REDDY, AGED ABOUT 49 YEARS, 26. SRI.M.MADHUKAR S/O SRI.V M MUNINANJAREDDY @M.N.REDDY, AGED ABOUT 47 YEARS, THE RESPONDENTS NO.22 TO 26 ARE RESIDING AT DODDATHOGORU VILLAGE, ELECTRONICITY POST, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560100. 27. SMT. SHARADHAMMA W/O LATE A. ASHOK REDDY AGED ABOUT 53 YEARS NO.G1, A-BLOCK, MANIFAST WHITE ARCHANT APARTMENT, CELEBRITY ROAD, PARADISE LAYOUT, DODDATHOGURU, BENGALURU SOUTH, ELECTRONICITY BENGALURU 560 100 28. SMT. ROOPA D/O LATE A. ASHOK REDDY AGED ABOUT 38 YEARS, NO.G1, A-BLOCK, MANIFEST WHITE - 7 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 ARCHANT APARTMENT, CELEBRITY ROAD, PARADISE LAYOUT, DODDATHOGURU, BENGALURU SOUTH, ELECTRONIC CITY, BENGALURU-560 100 29. SMT. DEEPA D/O LATE A. ASHOK REDDY AGED ABOUT 35 YEARS, NO.G1, A-BLOCK, CELEBRITY ROAD, WHITE ARCHANT APARTMENT, PARADISE LAYOUT, DODDATHOGURU, BENGALURU SOUTH, ELECTRONIC CITY, BENGALURU-560 100 30. SRI. CHANDRA MOHAN S/O LATE A. ASHOK REDDY AGED ABOUT 32 YEARS, NO.G1, A-BLOCK, MANIFEST WHITE ARCHANT APARTMENT, CELEBRITY ROAD, PARADISE LAYOUT, DODDATHOGURU, BENGALURU SOUTH, ELECTRONIC CITY, BENGALURU-560 100 31. SRI. A. ANANDA REDDY S/O LATE ABBAIAH REDDY AGED ABOUT 63 YEARS, NO.112, NEAR BALAJI MEDICALS, DODDATHOGURU, BENGALURU SOUTH, ELECTRONIC CITY, BENGALURU-560 100 32. SRI. A. LOKESH REDDY S/O LATE ABBAIAH REDDY AGED ABOUT 59 YEARS OLD, NO.208, (A14), PATALAMMA TEMPLE, SECTOR-2, DODDATHOGURU, BENGALURU SOUTH, ELECTRONIC CITY, BENGALURU-560 100 - 8 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 33. SRI. A. NANDEESH REDDY S/O LATE ABBAIAH REDDY AGED ABOUT 63 YEARS, NO.211, CELEBRITY ROAD, DODDATHOGURU, BENGALURU SOUTH, ELECTRONIC CITY, BENGALURU-560 100 34. SRI. M. SELVARAJ S/O V S MARUTHACHALAM, AGED ABOUT 72 YEARS, R/AT NO. 33, C-1, VENKATASWAMY ROAD, METTUPALYAM, COIMBATORE DISTRICT, TAMILNADU 641 301 35. SRI. R. SELVARAJ S/O M. RAMASWAMY AGED ABOUT 62 YEARS, R/AT NO.1, VIDHYA. NAGAR, OPP TO POLICE STATION, QUARTERS, DENKANIKOTE MAIN ROAD, HOSUR, KRISHNAGIRI, TAMILNADU-635 109 …RESPONDENTS THIS REVIEW PETITION UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908. THIS REVIEW PETITION IS LISTED FOR ADMISSION, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Pratik Pany., counsel on behalf of Sri.Abhilash Raju., for the review petitioners appeared in person. - 9 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 The review petition is filed to review the order dated:11.02.2026 passed in MFA No.6956/2025. Counsel for the review petitioners submits that the order is contrary to the facts and the law. It is submitted that the Trial Court order contains no reference to delay, laches, acquiescence, or the passage of twenty-three years as a ground for refusing the injunction. The Trial Court based its reasoning on entirely different grounds for refusing the injunction. It has been vehemently contended that the appeal under Order 43 Rule 1(R) of the CPC is against the interlocutory order; the Appellate Court's function is to examine whether the Trial Court exercised its discretion on sound principles, not to substitute the Trial Court's reasoning with an entirely new and independent ground that was never considered by the Trial Court. It is also contended that the error is self-evident from a bare comparison of the Trial Court order and the judgment impugned. It has also contended that the coparcenary rights are effected. - 10 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 Lastly, it is submitted that the balance of convenience and irreparable loss and injury warrant intervention. Urging other grounds, counsel submits that the order requires a review. Heard the arguments and perused the papers with care. Suffice it to note that the plaintiff filed a suit seeking, inter alia, a decree for certain transactions that occurred from 2002 onwards. The review petitioners had sought a temporary injunction. The Trial Court considered and rejected the application. This Court thereafter affirmed the rejection order. A careful examination of the review petition grounds and arguments shows that the petitioners are dissatisfied with the order and seeks to have the appeal reheard. However, law does not permit such a rehearing. If the petitioners disagrees with the order, the proper legal course is to challenge it in the appropriate forum, not to submit a review petition claiming an apparent error on record. I have reviewed the order thoroughly and found no error apparent on the face of the record. - 11 - HC-KAR CNR: KAHC010152642026 NC: 2026:KHC:51216 RP No. 103 of 2026 Once the application for temporary injunction has been adjudicated upon and the rejection has been upheld by the High Court, the matter attains finality. No error, apparent or otherwise, is discernible in the orders passed. The scope of review jurisdiction is narrow and confined to correcting patent errors. In the absence of any such error, the review petition is not maintainable. Accordingly, as the rejection of the application for temporary injunction stands affirmed by the High Court and no error is found, there is no scope for review. The review petition is dismissed. Because of dismissal of the Review Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 40